THE AFTERMATH OF GARRETT

* July 10, 2001 1
Inside Directory
Of “We will treat Americans with disabilities as
people to be respected, rather than problems to
The ADA at 11 — p. 8
Organizations be confronted.”
IDEA at 26 — p. 9 — President George W. Bush
— Page 10
Permit No. 4766
Non-profit Org.
U.S. Postage
Mpls. MN
PAID
Volume 12, Number 7 SOURCES RESOURCES July 10, 2001
THE AFTERMATH OF GARRETT:
MN TAKES THE LEAD IN WAIVING STATE
IMMUNITY
by Kathleen Hagen
R eaders will remember
the Supreme Court’s
decision in University of
states which accepted federal
funding for public education
might have waived their right
states:...” [This was followed
by a comprehensive list of
civil rights statutes including:
Alabama Board of Trustees to claim immunity to suits the Fair Labor Standards Act,
vs. Garrett discussed in an under the Individuals with the Equal Pay Act, Title VII
article in the March 2001 Disabilities Education Act of the Civil Rights Act, Title
Access Press. In that deci- (IDEA). IX of the Civil Rights Act,
sion, the Supreme Court said Title VI of the Civil Rights
states were immune from Minnesota Only State to Act, Sections 1981 through
private lawsuits by state Waive Immunity 1988 of the Civil Rights Act,
employees for monetary dam- the Age Discrimination in
ages. This decision followed The third way states could Employment Act, the Fair
Legislative Session Review: a line of decisions limiting
rights under other Civil
waive immunity to be sued is
by expressly stating in legis-
Housing Act, the Rehabilita-
tion Act, the Americans with
Budget Means Big Changes For Rights and Labor Statutes. lation that they consented to
be sued under specifically-
Disabilities Act, the Reli-
gious Lands Use and Institu-
Disability Community Legislators and activists in
various states have tried to
stated federal statutes. Sev-
eral states have introduced
tionalized Persons Act, the
Family and Medical Leave
by John Tschida come up with ways to restore bills which, if passed, would Act, and various whistle-
some of the rights removed waive this immunity. Minne- blower remedies under envi-
A voiding a government
shutdown by the nar-
rowest of margins, state
An additional Medical Assis-
tance rate increase was ap-
proved for skilled nursing
those earning 300 percent of
FPG and above. Previously,
only individuals earning 200
by these decisions. Remem-
ber that these decisions were
sota is the only state which
has passed legislation this
ronmental protection stat-
utes.]
lawmakers adopted a new facilities that will pay an percent of FPG faced a interpreting—more conser- term which may alleviate
health and human services increased per diem rate for premium charge, at a flat rate vatively than previous deci- some of the problem. This The bill went on to include
budget June 29. The proposal the first 90 days of an of 10 percent of income sions had—the 11th Amend- bill was one of the few another section whereby the
includes many changes that individual’s stay. The hike, earned above this level. ment of the United States actually signed by the Gover- state would agree to be sued
will affect the disability 20 percent for the first 30 Constitution barring suit in nor during the 2001 legisla- in federal court regarding all
community. What follows is days and 10 percent for days Individuals enrolled in the federal court against states. tive session. Minnesota’s of their state civil rights
a cursory description of the 60-90, will especially aid MA-EPD program who must Generally, in order for states legislative approach differed statutes. This was a wonder-
bill’s major components. facilities such as Courage discontinue work due to a to be said to have waived from that of the other three ful bill from a plaintiff’s
Please watch future issues of Center and Trevilla of medical condition will re- their immunity they must states which got bills before point of view, but it probably
Access Press for details on Robbinsdale with a high main eligible for the program meet one of three tests. their legislature for a vote. I scared legislators to death,
the following and other percentage of residents with for four months. Previously, will discuss the bills in the and it didn’t pass. However,
subjects. disabilities covered by Medi- individuals were disenrolled The first way for states to other states first. with such inclusive language,
cal Assistance. after two months. The change have waived immunity to be Rhode Island (and some
Direct care staff crisis: Cost will prevent a spend-down sued, would be that the Rhode Island other states) have started the
of living increases of 3 Medical Assistance for Em- from occurring until the fifth Congress must have ex- process of creating coalitions
percent were earmarked in ployed Persons with Dis- month after a work cessation. pressly intended by the The most sweeping legisla- among various groups af-
each of the next two fiscal abilities (MA-EPD): A new legislation to waive states’s tion was introduced by Rhode fected by civil rights statutes
years for nursing homes and premium structure will take Additionally, those who leave immunity to a federal law- Island. Apparently, their ap- which may lead to passage of
home and community based effect November 1, 2001, for the program will have any suit, and the Congress must proach was to try to fix all the some portion of that legisla-
providers. Workers at Inter- those enrolled in this state accumulated assets frozen have had the authority to problems which could occur tion at some future time.
mediate Care Facilities for program which allows people for one year. This will allow waive such immunity. In with any civil rights statute
Persons with Mental Retar- with disabilities to work, yet for any savings to stay Garrett and other recent before the Supreme Court California
dation (ICF-MRs) and day still retain Medical Assis- intact—avoiding the need to decisions involving other reduced any of those rights
training and habilitation pro- tance coverage. While less liquidate savings to meet the Civil Rights Statutes, the further. Their legislation California’s approach to this
viders will see 3.5 percent draconian than the governor’s MA $3,000 asset limit—in Supreme Court said Con- stated, in part, “The state legislation was similar to
gains during the same period. original proposal, the change the event of a work separa- gress intended to waive consents to be sued in state or Rhode Island’s, but not
The funds are designed to will increase monthly premi- tion. immunity to lawsuits against federal court by its employ- nearly as broad in scope.
stem the flow of workers ums for an estimated 4,000 the states, but that Congress ees and any other proper California seems to have paid
leaving these critical jobs for individuals with disabilities. Income standard increase: didn’t have the authority to parties seeking to enforce special attention to the possi-
more lucrative paychecks Those with incomes at 100 Individuals earning up to 100 waive such immunity. rights and obtain remedies bility of eroding Title II of
elsewhere. Two-thirds of percent of Federal Poverty percent of FPG will be able to afforded by the following the Americans with Disabili-
these dollars must be spent Guideline (FPG) will pay a retain their monthly earnings The second way states could federal statutes and their ties Act. The bill read, in part,
on salary or compensation, premium equal to 1 percent (up to about $716) without waive immunity was to regulations when the United “(a) The state of California
which includes wages and of total income. Graduated spending down their income implicitly waive immunity by States Congress has indi- consents to be sued in state or
health premium costs in- increases will cap at 7.5 in order to qualify for accepting funding under fed- cated its intent that such federal court by any person
curred by employers. percent of total income for eral statutes. For example, statutes be applicable to the Garrett - cont. on p. 13
Budget - cont. on p. 9
* *
*
2 July 10, 2001
Tim Benjamin & Jeff Nygaard able and committed advo-
cates who are also good
On page 8 we see John
Tschida’s byline again, as he
incidence of these disabling
injuries. Since President
Access Press this month says
goodbye to editorial assis-
Editors writers, AND who are willing gives us a great summary of Bush halted the implementa- tant Nathan Halvorson.
to volunteer their time to some of the major develop- tion of national ergonomics Nathan was here through
inform our readers. A big ments in regard to the ADA standards, it may be up to the some very tough times, and
Thank-You to these writers! over the past year. Sue Ab- states to protect workers from stuck with the ship through
derholden commemorates the these often easily-preventable the illness and death of
*** 26th anniversary of the pas- injuries. Charlie Smith. Thanks for
On page 1, disability law sage of IDEA with an account *** your hard work and loyalty
attorney Kathy Hagen high- on page 9 of an exciting The Directory of Organiza- to the paper, Nathan. You’ll
lights the actions taken by national conference on tions appears on pages 10 and be missed!
Minnesota to guarantee state implemenation of IDEA that 11 this month. Regular ***
workers their rights under the took place last month. Sue readers will notice that it is After months of assessing
J ust as we were going to
print, Access Press was
informed of the sudden
Grand Forks. We have lost
another strong voice for civil
rights. In the August issue, we
ADA. This major news went
almost entirely unreported in
also gives an overview of
special education in Minne-
longer, due largely to the fact
that we are now listing E-mail
the adequacy of our current
office space, we have de-
death of disability activist will carry a profile of Jay and the major media. Also on sota in the year 2001. Happy addresses for many of the cided to move. The new (and
Jay Johnson. Director of his years of activism. page 1, John Tschida reflects Birthday, ADA and IDEA! groups. Also, we have larger) space is in the same
OPTIONS Resource Center on the just-ended and some- *** rearranged the Directory, list- building, in Suite S-104 (at
for Independent Living in what bizarre 2001 legislative Part 2 of Amy Farrar’s series ing groups alphabetically by the south end, near the bus
East Grand Forks, Jay has This month we have no fewer session. We fully expect to on Repetitive Motion Disor- category rather than in one big stop). Phone, fax, and E-
been an outspoken advocate than four major articles con- have more on this in the ders appears on page 12. This list. We hope it is more usable mail should remain the same.
for equal access for people tributed by advocates in the August edition, once we have month, Amy looks at what the this way. Let us know what Watch future issues of Ac-
with disabilities. His funeral community. How lucky we some time to sort through the states and the federal govern- you think. cess Press for an announce-
will be Monday, July 9 in are to have such knowledge- details of this unusual session. ment are doing to reduce the *** ment of our open house.
***
Nominations Sought Two New Products For
For Awards Program Blind People
Tiger Advantage Letter Art feature. Sighted users can
O ctober is Minnesota Dis-
ability Employment and
Awareness Month. This is an
and building accessible, af- Many blind students and
ation. Awards have been
fordable housing.
presented to educators, local
communities, physicians, and
professionals rely on braille
to read educational and work-
Letter Art allows users to do
more distinctive graphical
layouts than can be achieved
draw a sign, a map, and much
more, and have Letter Art
automatically provide braille
ideal time to highlight indi- Nomination forms and infor- related documents. Braille
legislators. Employer Awards with standard Windows pro- labels. Letter Art can print a
viduals, groups and busi- mation on the awards and versions of these documents
are presented to both a large grams alone. For example, copy of a map or diagram and
nesses that have worked to recognition program are avail- are produced with a braille
and a small employer who until recently, blind people then have Tiger Advantage
“expand opportunities, in- able from the Minnesota State embosser attached to a per-
recognize the skills and abili- had virtually no access to state emboss the same information
crease quality of life and Council on Disability’s of- sonal computer. The braille
ties of people with disabilities maps, college campus maps, to achieve a document with
empower people with dis- fice, 121 E. 7th Place, Suite embosser was developed at
by providing competitive em- and transit maps. Now, Letter print and braille.
abilities.” 107, St. Paul, MN 55101 or the Massachusetts Institute of
ployment opportunities and Art, a commercial sign layout
call 651-296-6785 V/TTY in Technology in the late 1960s
good working environments. program, includes a braille Products - cont. on p. 6
The Minnesota State Council the Metro area. In Greater This vital piece of equipment
Recognition has been given to
on Disability’s Award and
Recognition Program is one
Minnesota dial 1-800-945- has changed very little over
communities who have dem-
8913. The fax number is 651- the past 3 decades. Now,
onstrated leadership by in-
President Signs
of the highlights of the 296-5935. The Council’s braille enters the new millen-
cluding disability issues in
month’s awareness activities.
The Council presents awards
email
their human rights commis-
sion agendas, making neces-
address is: nium with new equipment.
council.disability@state.mn.us. The Tiger Advantage—a new
Olmstead Order
in a wide range of categories sary improvements to physi- braille and tactile graphics by Nicole Roberts
from accessibility to recre- cal and program accessibility, embosser—lets blind people
use popular computer soft- ensure full implementation of
ware like Microsoft Word and
Microsoft Excel to write and
A fter ADAPT protestors
picketed the White
House in mid-May, President
the Supreme Court’s ruling in
the Olmstead case and com-
immediately emboss docu- Bush signed an Executive pliance with the ADA.On
SPECIALIZED TRANSPORTATION ments. Tiger Advantage em- Order that will actively pro- June 22, 1999, the Supreme
bosses quality graphics, at 20 mote community-based alter- Court held in it’s landmark
612-529-5019 dots-per-inch, directly from natives—rather than institu- Olmstead decision that Title
any Windows application that tions—for individuals with II of the ADA requires states,
MEDICAL ASSISTANCE PROVIDER will print to a Windows disabilities. The Order, ex- whenever possible, to place
printer. ecuted on June 18, 2001, qualified individuals with
directs federal agencies to mental disabilities in commu-
work closely with states to nity settings rather than in
institutions. The Executive
Order refers to all Americans
MSCOD with disabilities, going be-
yond the Supreme Court’s
ruling in Olmstead, which
NEED HELP WITH: limited its decision to indi-
ACCESS PRESS • Employment? • Housing?
viduals with mental dis-
abilities.According to a state-
Co-Founder/Publisher (1990-1996) .................................................................... Wm. A. Smith, Jr.
Co-Founder/Publisher/Editor-in-Chief (1990-2001) ......................................... Charles F. Smith • Health Issues? • Education? ment made by President Bush
Editor ............................................................................................................................. Jeff Nygaard • Transportation? • Access? on June 19, 2001, “The
Editor – Designate ...................................................................................................... Tim Benjamin Olmstead Executive Order
Cartoonist ....................................................................................................................... Scott Adams will increase freedom for
Production ............................................................................ Presentation Images, Ellen Houghton Contact people with disabilities. It is
Editorial Assistant ............................................................................................... Nathan Halvorson
The Minnesota State Council now the federal official policy
ACCESS PRESS is a monthly tabloid newspaper published for persons with disabilities by Access of my administration. Amer-
Press, Ltd. Circulation is 11,000, distributed the 10th of each month through more than 200 locations
statewide. Approximately 650 copies are mailed directly to political, business, institutional and civic
on Disability ican’s must have the opportu-
leaders. Subscriptions are available for $15/yr. Your Source for information, nity to live independently,
Editorial submissions and news releases on topics of interest to persons with disabilities, or persons referral, training and technical assistance. work productively and par-
serving those with disabilities, are welcomed. ticipate fully in community
Paid advertising is available at rates ranging from $14 to $18/column inch, depending on size and 651-296-6785 or 1-800-945-8913 life.”
frequency. Classified ads are $8.00, plus 35 cents/word over 20 words.
Voice or TTY The full text of the executive
Advertising and editorial deadlines are the 30th of the month preceding publication; special scheduling
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2001/06/20010619.html
* *
* July 10, 2001 3
Historian Speaks On IN BRIEF . . . .
Sterilization In Minnesota ACT Sponsors Workshop Of Songs
Remembering With Dignity songs that capture the spirit of event will be held in the
by Rick Cardenas and Nathan Halvorson and Advocating Change To- the work of Remembering Christensen Center at Augs-
gether will holding “Music With Dignity. The goal of the burg College, 2211 Riverside
Ideas popularized by Dight
M olly Ladd-Taylor, a
historian at York Uni-
versity in Toronto, Canada,
the major factors most often
associated with the practice is
eugenics. Dr. Charles Dight
and others at the time touted
the benefits of eugenics and
For Social Change” aday of
singing and songwriting this
month. Participants will sing
workshop is to promote dis-
ability as a civil rights strug-
gle, celebrate our power, our
Ave. in Minneapolis, Satur-
day July 21 from 9:00AM to
5:00PM. For registration call
visited a Remembering with was the leader of this move- forced sterilization in reduc- songs from other civil rights culture, and our ability to RWD at 651-641-0297.
Dignity (RWD) board meet- ment in Minnesota, aimed at ing poverty, crime, and he- struggles and create new create a more just society. The
ing at Advocating Change ridding society of the so- reditary defects. Families
Together (ACT) on June 19, called “unfit.” He founded thus faced many social pres- Disability Law Workshops
2001, after finding ACT’s the Minnesota Eugenics Soci- sures to consent to the ADA Minnesota and Minne- Mankato. On August 7 and 8 Ann Roscoe, ADA Minne-
website at www.selfadvocacy. ety at the University of sterilizations. In addition, sota State Rehabilitation Ser- workshops on the Minnesota sota, c/o MCIL, 1600 Univer-
com. She met with eight Minnesota, wrote a fan letter social standards in 1925 were vices are co-sponsoring three State Human Rights Law and sity Avenue, #16, St. Paul
board members as part of her to Hitler, and brought state- conservative, as unmarried workshops on disability law the Americans with Disabili- MN 55104, 651-603-2015
research into the sterilization wide attention to the idea of mothers, for example, were in August. On August 6, ADA ties Act will be held in St. Paul (V), 888-845-4595 (V, toll-
of women that occurred to “the menace of the feeble- routinely determined “feeble- 101, an introduction to the and Brainerd. free), 651-603-2001 (TTD)
people under legal state minded.” minded” by county probate Americans with Disabilities or 651-603-2006 (fax).
guardianship and to people in judges, brought under state Act, will be held in North For more information, contact
institutions from the 1920’s In addition to eugenics, po- guardianship, and often steril-
through 1975. tential cost-savings for the
state were used to justify
ized. As a result, nearly two
thousand people had been
Self-Advocacy Conference
At the meeting, Ladd-Taylor sterilizations. Proponents sterilized in Minnesota by The theme of this year’s dates are September 14-15 apolis. Contact Arc Hennepin-
had a chance to talk with claimed these operations 1950. Metro Self-Advocacy Con- and the location is the Carver for more information:
Gloria Steinbring, a RWD would, for example, poten- ference is Empowerment and Doubletree Park Place Hotel, 952-920-0855.
board member who was tially reduce welfare costs and With her research, Ladd- Fun in 2001. Conference off highway 394 in Minne-
sterilized against her will. the budgets of state institu- Taylor aims to show that the
Steinbring tells of her per- tions. painful consequences of the Headwaters Fund Walk For Justice
sonal loss, “I had no say in it. sterilizations of people like
Join with activists, commu- waters Fund, the walk exists be held on Thursday, August
Everyday, I think about a In 1925, sterilization became Gloria Steinbring continue
nity groups and their support- to raise money and visibility 16 at 5 pm. For more infor-
child. Would it have been a legal through the MN eugen- for many years beyond the
ers at Boom Island Park on for non-profit groups working mation, contact Headwaters
boy or a girl? What would it ics sterilization law. The actual sterilizations, which
Sunday, September 16, 2001, for social change. An infor- Fund at 612-879-0602.
look like? Would it have a terms of the 1925 law called are no longer legal. Instead,
for the annual Walk for mation session: Raise More
disability or not?” Ladd- sterilization “permissive,” the plight of these “unfit”
Justice. Sponsored by Head- Money for Your Group, will
Taylor suggested that meaning that it was not people came as a result of, as
Steinbring seek legal recom-
pense—not only for her own
limited to institutionalized Ladd-Taylor states, “the most
people and included anybody vulnerable members of a
UCPAA Changes Name
well-being, but also as a way for which legal guardianship community not having access The United Cerebral Palsy which has traditionally served disability groups that con-
of ensuring that the practice of went to the State Board of to the services and resources Athletic Association has re- groups dealing with cerebral tinue to be underserved in the
sterilization is not repeated on Control. While sterilizations they need.” cently changed its name to the palsy, traumatic brain injuries areas of sports, recreation,
other people. were also termed “voluntary,” National Disability Sports and strokes. The more generic and fitness for the physically
and typically required con- Remembering with Dignity Alliance (NDSA). The change name will enable the organi- disabled. Contact NDSA at
Specifically, Ladd-Taylor’s sent from a family member, and Ladd-Taylor discussed is intended to broaden the zation to reach out to other 401-792-7130.
research concerns the many the State reserved the right to the importance of the state base of the organization,
factors which influenced ster-
ilizations for the “feeble-
give consent for any person taking responsibility to change
over whom the state claimed and to avoid such misuses of Cycling Camp Mark Hughes’
minded” (as they were then
termed by the state). One of
legal guardianship. power in the future.
The U.S. Association of Disability Viewpoints
Blind Athletes is playing host
to the 2001 Disabled Cycling August 1 1 am & 9 am, SHC*
The Social Security Team Development Rider
Camp at the U.S. Olympic
August 7
August 8
5 pm, SHC part II
1 am & 9 am, SHC part II repeated
August 14 5 pm, SHC part II repeated
Training Center in Colorado
Work Site Springs, Colorado. Physi-
cally disabled cyclists ages 15
August 15 1 am & 9 am, SHC part II repeated
August 21 5 pm, ADS*
August 22 1 am & 5 pm, ADS repeated
and older are invited to the
by the Social Security Administration PASS Cadre August 28 5 pm, ADS repeated
training center to hone their
August 29 1 am & 5 pm, ADS repeated
S ocial Security’s website, to-access location,” says Joani If you do not have access to skills in road and track racing.
The Work Site, brings Werner of the PASS Cadre, the Internet and want to know
information on hiring people adding, “The website is fully more about Social Security’s For information on the camp,
*SHC=Shriner’s Hosp for Children
ADS =Attention Deficit Syndrome
with disabilities to employers accessible for all people with employment support pro- contact USABA at 719-630-
looking for workers and to disabilities. Fewer than 5 grams, call 1-900-772-1213 0422 or Peter Paulding at 651/642-4188
Americans with disabilities percent of all Internet sites are (TTY: 1-800-325-0773) and 508-553-2804 or paulding@
looking for jobs. Readers can accessible to people who are ask for the publication, Work- usa.net. • KSTC TV Ch 45 9 a.m.
•
go to www.ssa.gov/work and visually or hearing impaired ing While Disabled - How We
ACCESS IS FREEDOM!
find information an every- or have limited dexterity.” Can Help.
thing from training programs
for people with disabilities to
tax incentives for the employ-
ers who hire them. National Handicap Housing Institute, Inc.
Celebrating 29 Yrs Of
The website contains impor- RENTAL • SALES
SERVICE • REPAIR
tant information and support
for people who receive Social
Security or Supplemental Se-
curity Income disability ben- Affordable/Accessible Housing
efits, employers, service pro-
viders, advocates and anyone
For
else who wants to help people Mobility Impaired Physically
with disabilities work. Disabled Adults
The work website helps
IN-HOME ASSESSMENTS TO DETERMINE MEDICAL EQUIPMENT NEEDS
933-1126
increase public awareness of
recent changes in the law that (952)
ST PAUL (651) 641-1917
expands opportunities for 8:30 - 6:00 M-TH · 8:30 - 5:00 FRI
work for people with disabili- 8564 EXCELSIOR BLVD HOPKINS Community Enrichment Through Housing Diversity
FREE DELIVERY AND SET UP · MINIMUM ORDER APPLIES
ties, “The Work Site puts MPLS - ST. PAUL & ALL SUBURBS
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find, information in one easy-
CALL 651-639-9799
* *
*
4 July 10, 2001
Religion and Disability On Mental Illness/Brain Disorders
He Gave Me Life The Six Inches In Front
Of Your Face
by John Schatzlein
K irk Kilgour was an Olympic medallist and volleyball
player. After sustaining a spinal cord injury that left him
quadriplegic, Kirk has continued his involvement in the sports
by Pete Feigal
world in Italy where he played professionally. He has also
appeared here in the United States as an analyst on various
sports shows. Another endeavor Kirk undertook was writing,
I was given the honor of
speaking at a hospital for
people in crisis. There was a
me better,” sometimes it was
even worse. It was like I was
on fire, and the therapist was
row, next week, next year,
“when I grow up,” that’s when
I believed that I wouldn’t be
his cheek. And then another
joined it, and another, and
another, until he was weeping.
including poetry. In a recent issue of Complete Mobility, a man there whose face and describing the flames to me. I able to handle what I’d be And his mask melted. No one
national magazine focused on disabilities, Kirk tells his eyes were drained of all told him that sometimes given then. spoke or tried to make him
account of accepting an invitation to meet Pope John Paul II at emotion, mask-like from the thinking about the future, “better.” No one offered him a
the Vatican in Rome. This is a very inspiring article that I constant numbing pain he was about ever getting “well,” I sat in the chair next to him Kleenex to wipe away his
recommend to Access Press readers. living in. A face that I know so about having a “normal,” life and took his hand and told tears, because those tears
well, because I had to shave was too painful, and only him to just sit with me. Not to were not waste, not dirty, not
One of the reasons for His Holiness’ invitation was a poem one just like it for over ten dragged me deeper into de- think about the future, or his shameful in any way. His tears
Kirk wrote about his evolving acknowledgment of his spinal years. A face I almost forgot, spair and fear. wife, or tomorrow, or next were more precious than
cord injury and how he felt about his life as “one of us.” His because I couldn’t look in a week—just to sit with me diamonds. We who’ve lived
poem follows and, in my mind, shows his Spirituality, serving mirror for over four years. It’s Fear is one of the most useful right now and feel my hand in there know that tears are
as an example to me. Kirk says he does not wear faith on his hard to describe—to someone tools “hardwired” into our his. I told him that, right now, good. We’ll take tears. We
sleeve, but his poetry says there is depth to Mr. Kirk Kilgour. who hasn’t experienced that genetic code. The “fight or at this instance, he wasn’t just stayed in the moment,
kind of pain—how when you flight” response is one of alone, that there wasn’t any- healing each other, warming
I asked God to let me be strong hurt so bad for so long, you the key reasons our species thing wrong with him, that he our hands in the glow of our
to accomplish grandiose projects: reach an even more terrible still walks on this planet and was perfectly fine the way he collective presence.
and he made me weak to keep me humble. place where you don’t feel why saber-toothed tigers was. I told him what my
I asked God to make me healthy anything at all. don’t. But fear can also be the beloved old group leader One of the most terrible things
to realize imposing enterprises: key reason that so many of us George always used to say: about mental illness is how it
and He gave me Pain to better understand. This man surprised me by constantly armor our hearts “I’m not OK, you’re not OK, tries to make us scale our
I asked Him for wealth to possess everything: being the first one to volun- against any kind of contact, but that’s OK!” dreams, hopes, commitment,
and He left me poor not to be selfish. teer something. He told me even when there is nothing to and faith down to the level of
I asked Him for power to be needed by others: that he had so much pain and fear. I asked if he could feel my our immediate experience,
and He gave me humiliation so that I would need them. fear he couldn’t see any hand and see my eyes and which is the suffering and hell
I asked God everything to enjoy life: future, that he had lost all If grief is our response to pain sense that he was not alone, of our pain. Sometimes all we
and He gave me life so that I could enjoy everything. hope, that he couldn’t even in the past, then fear must be a and he said that he could, but have is right now, this instant,
Lord, I didn’t get everything I needed feel or cry, he hurt so terribly. response to pain in the future. “What about this evening to not go into the future, to not
almost against my will. I told him that sometimes, At least that’s where my fear when you’ll be gone?” And I dwell on the past. To simply
The prayers I didn’t Pray were granted. when I was in such a hellish has come from. I always told him that right now all we experience what we have
Be praised, God. Among all men, place, when people tried to do seemed to be able to handle have is right now. Worry been given at this exact
No one possesses more than I possess. “therapy” with me, tried to what I was given at any about this evening when it’s second, and be with whom-
Kirk Kilgour reason or talk me out of my immediate time, but when I this evening. Worry about ever we are with at the time,
(Translated by Kilgour and an Italian friend.) pain, tried to fix me or “make looked into the future, tomor- next week when it’s next be it a crowd at the Metro-
week. But right now, just feel dome, our best friend, or even
Letter To The Editor . . . that we’re together. Not
asking for anything, not ex-
pecting anything. Not keeping
just our own company—
maybe that’s one of the
definitions of “life.” Staying
Letter to the Editor: There are no curb cuts, and apologetically, could offer no Beware of Advanced Chiro- score. Just being together. in the moment, staying alive
It never occurred to me that a the non-electric double doors solution. I regret not being practic! for the next five seconds, and
chiropractic office would not are nestled behind a retaining able to visit him. One of the other patients came then the next, and then the
be accessible, but one such wall with about three feet of Julia Fearing, Minneapolis over and, without a word, next. Living with the “six
office, Advanced Chiroprac- clearance! knelt beside his chair and took inches in front of our face,” as
tic in Golden Valley, is hardly his other hand. Then another the soldiers in Vietnam used
accessible. My transportationI had been seeing the kind and one came and joined us, then to say, is sometimes all we can
company, Metro Medical, competent Dr. Roll for prob- another, then another. The do. Maybe helping each
refuses to take me there. lems with my wheeling wrist group leader came, and the other—our best friend, a total
for about four weeks when the head nurse came, and all of stranger—to get through the
For one thing, the rooms are drivers began to refuse to the rest of the staff. Maybe next five seconds, to make
very small, too small for a carry me there. I spoke with even the janitor, I don’t know, those five seconds heaven
large electric wheelchair. him on the phone, and he, there were so many of us, but I instead of hell, maybe that’s
wouldn’t be surprised. why we’re here.
And a single tear appeared in Sometimes the next five
M.I.L.S. this man’s eye. It rolled down seconds is all we’ve got. And
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* *
* July 10, 2001 5
Hello Nicole:
Disability Culture
Dear Nicole, I hope you can realize how rough, that client will know Leadership Crisis In The
important your thoughtful- that you care. Talk to your
I work in a nursing home and I
wonder sometimes how resi-
ness is to the people you work
with. Even your intention of
clients, apologize for having
to hurry, tell jokes, ask them if
Disability Community
dents who can’t communicate wanting to help residents be you think something you’ve by Lolly Lijewski
feel when I’m washing or more comfortable is so rare in done may have bothered them
dressing them. Sometimes I these types of institutions. It’s (even if they can’t answer) – Part 1 of a 2 part series. rily a legislative focus and an center of the screen, and take
know they don’t like it at all, natural that, as a compassion- communicate. If possible, approach of incremental less than half of the right side
but it’s a dilemma because
I’m in such a hurry because
ate person, you would feel
discouraged that you aren’t
able to measure up to the
take a moment to do a little
“extra,” such as opening a
window shade or affixing a
T he recent passing of change.
Charlie Smith, Editor
of the screen.
and Publisher of Access Incremental change is where a Some of the tools have been
there are so few of us... not a
good excuse I know but that’s standards of care you wish pin to a woman’s blouse. Press, has caused me to stop systems advocate spends most removed from the advocate’s
how it goes all too often. And you could give. Try to be Anything you can do to let and reflect on the status of of his/her time. It is painfully toolbox. The advocates them-
I’m one of the gentle ones... compassionate and forgiving residents know that you re- systems advocacy and activ- slow, often taking years to see selves have done this. This
How depressing. toward yourself. All you can gard them as equally valuable ism in the metro area disabil- the desired results. It involves limits the effectiveness of
do is your best, knowing the human beings will mean so ity community. The picture going to endless meetings, their advocacy and does not
I read your article on pity care you give won’t be perfect much. A minute of kindness I’m getting is rather disturb- always wondering whether adequately serve the people
versus compassion (May 2001 because you are working or careful attention can be ing. the time spent has been with disabilities who depend
issue of Access Press) and I within the confines of the remembered and cherished productive. The advocate on them to be their voice.
can only imagine how aggra- terribly uncaring “care” sys- for a lifetime. This is not My understanding of systems gets little or no positive
vating it is being conde- tem our society has set up for pity—not giving to a subhu- change has always been based reinforcement from the com- The actions taken by activists
scended to. I would hate to it’s devalued populations. man creature in an attempt to on the concept of a con- munity for this type of five years ago when Courage
have to rely on someone else With the lack of funding, free yourself from their suf- tinuum: On one end of the advocacy because it appears Center brought in Christopher
for my basic bodily needs. staffing and subhuman living fering—but compassion: the continuum is direct action, to the consumer that nothing Reeve to receive the Courage
Can you explain how it feels environment our society comradeship and care of one with groups like ADAPT. is happening. It is also not Award would not happen
to have various personal cares chooses to allow for most human heart to another, want- Moving on, some might see gratifying for the advocate today. Yet they brought about
done for you, like being nursing homes, there is only ing to help. the Independent Living much of the time. much needed change within
turned or repositioned? I want so much you can do to help. movement—consumer-run Courage Center. This past
to treat residents with com- This is not to say that you How I feel having my care and consumer-driven organi- There is no right way or December two advocates dis-
passion, but I admit I feel can’t do anything, or that you done has a lot to do with my zations, which, if viewed as a wrong way to do advocacy. cussed bringing the issue of
sorry for them. shouldn’t be asking yourself caregiver’s attitude toward quilt, has various shades and There are many strategies and getting a “gap filler,” for the
if there is any way you could their work. I expect my hues within it. Next would approaches that work and can platforms in the Light Rail
Sincerely, bring even a slight improve- caregiver to treat my body come the more moderate and even work together in an system to “the streets,” when
CNA ment into someone’s life. We with the same respect and conservative organizations, organized fashion including incremental change strategies
should all be asking ourselves concern as they treat their which typically use more both confrontation and incre- met the brick wall of state
Dear CNA, this constantly, every day, no own body. On the other hand, conventional approaches. Fi- mental change work. How- and regional governmental
matter what type of work we I understand the selflessness I nally, strategies like incre- ever, it seems as movements agencies. They decided it
It is an act of compassion even do. ask of my caregivers and the mental change and legislative mature and their participants wouldn’t work because they
to wonder what you can do to need to truthfully consider public policy work might fall move in from the margins of couldn’t muster enough sup-
help the residents you work Being a caregiver is an how well I would live up to at the other end of the society, that strategies and port in the community to
with be more comfortable. Of opportunity to see compas- my standards if the situation continuum. tactics that once worked to make the protest worthwhile
course, you feel sorry that sion in very tangible terms. were reversed. There is much bring about change are dis- and get the message out
they have to spend their lives When you are helping a client difficulty inherent in the Over the past six years I have couraged, frowned on, or effectively. “Who would
in a nursing home—no one take a shower, get dressed, interdependent client/ observed the small core activ- even discarded. Those who show up?” was the question
would want to live under these transfer or reposition, in caregiver relationship, espe- ist/advocacy community would advocate the use of posed. The answer was a
conditions. Compassion essence you are becoming the cially in a society where we changing. It has moved away such strategies or tactics are disturbing “handful of
doesn’t mean that we don’t parts of that person’s body are taught to take care of from being a community thought to be not as sophisti- people.” The passion—the
feel empathy. Compassion that don’t work indepen- ourselves. However, requir- comfortable with confronting cated and possibly behind the fire—is gone from this com-
means that instead of running dently—you are giving your- ing the help of another person ableism and discrimination times. munity. Several factors have
away thinking, “I don’t want self over to and becoming that need not be a painful or and being willing to speak contributed to the loss of
to deal with this!” (expressing other person. For the mo- degrading experience, it can truth to power, toward being a Imagine the past and current these things.
our avoidance/apathy) or ments that you are helping be a very rich experience of community which has moved pictures of this advocacy
“Thank God it’s not me!” someone you are vital to their learning how to be kindness toward the center of the community on a television Next month, Lolly gives some
(expressing our superiority/ lives. The more you can be in and compassion in action. continuum and which is more screen. Six years ago, the ideas about how to replace
condescension) we ask our- touch with the real impor- comfortable using what it picture would take up the some of the tools that have
selves, “What can I do to tance of your job and truly — Nicole views as “sophisticated” strat- whole screen. Today, the been taken out of the disabil-
help?”(expressing our care/ give all your attention to the egies such as adopting prima- picture would appear at the ity rights toolbox.
respect). And then we do it. client you are working with,
even if you have to hurry or be
Question? Complaint? Comment? Write to Nicole: % Access Press, 1821
University Ave. W, #185 N; St. Paul, MN 55104; HelloNicoleAccess@yahoo.com
HOUSING AND PERSONAL CARE SERVICES
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* *
*
6 July 10, 2001
Executive Order: Community-Based Alternatives For
Individuals With Disabilities
Following is the text of the President’s Executive Order on the ensure that all Americans have the opportunity to live close to The review should ensure the involvement of consumers,
Olmstead decision: their families and friends, to live more independently, to advocacy organizations, providers, and relevant agency
engage in productive employment, and to participate in representatives. Each agency head should report to the
By the authority vested in me as President by the Constitution community life. President, through the Secretary of Health and Human
and the laws of the United States of America, and in order to Services, with the results of their evaluation within 120 days.
place qualified individuals with disabilities in community Sec. 2. Swift Implementation of the Olmstead Decision:
settings whenever appropriate, it is hereby ordered as follows: Agency Responsibilities. (c) The Attorney General and the Secretary of Health and
Human Services shall fully enforce Title II of the ADA,
Section 1. Policy. This order is issued consistent with the (a) The Attorney General, the Secretaries of Health and including investigating and resolving complaints filed on
following findings and principles: Human Services, Education, Labor, and Housing and Urban behalf of individuals who allege that they have been the
Development, and the Commissioner of the Social Security victims of unjustified institutionalization. Whenever possible,
(a) The United States is committed to community-based Administration shall work cooperatively to ensure that the the Department of Justice and the Department of Health and
alternatives for individuals with disabilities and recognizes that Olmstead decision is implemented in a timely manner. Human Services should work cooperatively with States to
such services advance the best interests of Americans. Specifically, the designated agencies should work with States resolve these complaints, and should use alternative dispute
to help them assess their compliance with the Olmstead resolution to bring these complaints to a quick and
(b) The United States seeks to ensure that America’s decision and the ADA in providing services to qualified constructive resolution.
community-based programs effectively foster independence individuals with disabilities in community-based settings, as
and participation in the community for Americans with long as such services are appropriate to the needs of those (d) The agency actions directed by this order shall be done
disabilities. individuals. These agencies should provide technical consistent with this Administration’s budget.
guidance and work cooperatively with States to achieve the
(c) Unjustified isolation or segregation of qualified individuals goals of Title II of the ADA, particularly where States have Sec. 3. Judicial Review. Nothing in this order shall affect any
with disabilities through institutionalization is a form of chosen to develop comprehensive, effectively working plans otherwise available judicial review of agency action. This order
disability-based discrimination prohibited by Title II of the to provide services to qualified individuals with disabilities in is intended only to improve the internal management of the
Americans With Disabilities Act of 1990 (ADA), 42 U.S.C. the most integrated settings. These agencies should also Federal Government and does not create any right or benefit,
12101 et. seq. States must avoid disability-based discrimina- ensure that existing Federal resources are used in the most substantive or procedural, enforceable at law or equity by a
tion unless doing so would fundamentally alter the nature of effective manner to support the goals of the ADA. The party against the United States, its agencies or instru-
the service, program, or activity provided by the State. Secretary of Health and Human Services shall take the lead in mentalities, its officers or employees, or any other person.
coordinating these efforts.
(d) In Olmstead v. L.C., 527 U.S. 581 (1999) (the “Olmstead
decision”), the Supreme Court construed Title II of the ADA to (b) The Attorney General, the Secretaries of Health and
require States to place qualified individuals with mental Human Services, Education, Labor, and Housing and Urban
disabilities in community settings, rather than in institutions, Development, and the Commissioner of the Social Security
PRODUCTS - Cont. from p. 2
whenever treatment professionals determinethat such Administration shall evaluate the policies, programs, statutes,
placement is appropriate, the affected persons do not oppose and regulations of their respective agencies to determine Tiger Advantage and Letter Art are available from BRL,
such placement, and the State can reasonably accommodate whether any should be revised or modified to improve the Inc., a company which specializes in products that aid
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* *
* July 10, 2001 7
Accessible Performances Deaf Charlie Brown
by Nathan Halvorson
The following performances will be Audio Described (AD) for people who are blind or have low
vision, or Interpreted in American Sign Language (ASL) for people who are deaf or hard of hearing.
“Jacques Brel Is Alive & “The Gimmick” by Dael “The Sound of Music” runs
I n the second consecutive
year of celebrating St. Paul
as the home of Peanuts creator
it, though, we stayed friends,
and we became closer. I think
this was an opportunity where
Oppenheimer recalls, “I
sculpted a person signing
‘Inspiration,’ just intending to
Well & Living in Paris” runs Orlandersmith, runs 7/20–8/ 7/26 – 8/11, ASL Thurs., Au- Charles Shultz, statues of it either brings you closer or work on this one sculpture.
7/25 – 8/26; * AD/ASL 11, * ASL Friday, July 27, gust 2, 9:00 pm – Interpreter: Charlie Brown sprouted ev- breaks you up because it was He looked at it and he said
Saturday, July 11, 8:00 – AD: 7:30 – Interpreter: Mary Mary Holte, New Hope Out- erywhere around the city this such a test of endurance.” ‘she’s talking to me.’ It was
Rick Jacobson; ASL: Susan Holte, * AD Sat, July 28, 7:30 door Theatre (763) 531-5151 June. One of those statues, very emotional.”
Masters & …, Park Square – Describer: Mari Griffin, (free, starts at dusk) located at 1536 Hewitt Av- She continues, “It’s one thing
Theatre, (651)291-7005 Pillsbury House Theatre, (612) enue on the Hamline Univer- to be able to do that when She can relate. As an immi-
825-0459, *$8 One-woman Minn. Fringe Theatre & sity campus, stands complete you’re having a good day, but grant from Russia who
“The Glue Factory Project drama about a young girl’s Performance Festival runs with a hearing aid tucked into to do that under stress and couldn’t speak English when
2001 – under the influence” coming of age in Harlem and 8/3-12, ASL/AD – Schedule his right ear and a shirt endurance was really an she arrived in America,
runs 7/19-22, * ASL, Thurs.- the transforming power of to be announced, Loring & speckled with hands of all accomplishment. Now we Oppen-heimer knows how
Sun., July 19-22, 8:00 – ASL: literature that allows her to Nicollet Theatre Dist., Mpls, colors shaped into letters of know that we can and we did. important it is to have your
Arlyn Anderson, At Theatre escape a world of poverty. (612) 872-1212 or (612)343- ASL. While this statue, We learned we can work as a voice understood and how
de la Jeune Lune, (612)333- 3390, www.fringe festival.org “Charlie Brown Understands group. I was privileged to important it is to be able to
6200, A showcase of 6 artists “South Pacific” runs 7/24 – American Sign Language witness other people’s growth com-municate. She says, “It’s
over age 45: Beth Corning, 8/12, ASL/AD Sat, July “Four + One” – runs 7/27 – (ASL),” is a must-see for as artists and leaders. There is very difficult for people,
Bonnie Mathis, Michael Rob- 28, 2:00 – ASL: Anthony 8/5, * ASL Fri., Aug. 3, 8:00 – members of the deaf anywhere, when they
ins, Susana di Palma, Linda Verdeja, Laura Becker; AD: 3 Legged Race, at the South- community, the don’t have their lan-
Kelsey, JD Steele & inter- Jon Benson, Ordway Center, ern Theater, Mpls, 612-340- sculpture also serves guage.” For this rea-
preter Arlyn Anderson, artis- (651) 224-4222, TTY (651) 1725, www.southerntheater. as an important land- son, she and the Deaf
tically integrated into the 282-3100; www. ordway.org; org; * $10-12 (reg. $17-19), mark for anyone con- Arts Club share a
work tickets $24-45, This Pulitzer Dance event features eclectic cerned with building mission to “get as
Prize and nine-time Tony® movement styles of Judith bridges between much deaf art out in
“The Odd Couple” ASL Award-winning musical Howard, Sally Rousse, Erin communities. the community as pos-
Thursday, July 19, 8:00 – charms you with “Some Thompson, Cathy Young & sible in my lifetime.
Interpreters: Jody Elwell and Enchanted Evening,” “Bali Chicago choreographer Jan Charlie’s journey to Anyplace there’s deaf
Susan Lorenz, MN Repertory Ha’i,” “Younger Than Spring- Erkert. Hamline’s campus people who frequent
Theatre, at U of MN Duluth. time,” “A Wonderful Guy….” began with Helene a place, there should
$14 Adults, $12 Students/ “Amadeus” by Peter Shaffer, Oppenheimer, the be deaf art so you
Seniors (62+), $7 children (13 “Tom Sawyer” runs 7/27 – 8/ runs 7/21 – 8/26, 7:30, ASL artist who submitted know that there are
and under). (218) 726-8561. 3, AD/ASL Saturday, July 28, Thurs., Aug. 16; Fri., Aug. 24, the original drawing deaf people there. It’s
Ask for seats in the Inter- 7:30 – Youth Performance – AD, Fri., Aug. 17; Sat., Aug. for the sculpture to uplifting.”
preted section. Co. at Howard Conn Fine Arts 25, 1:00 (tour 11:00) – the city earlier this
Photo by Beckie Kay Perkins/Michael J. Rosen
Center, (612) 623-9080, An Describer: Cynthia Hamre, year. Nancy Howard Finally, Helene in-
“Cinderella” by Rodgers & original musical adaptation of Guthrie Theater, (612)377- at Hamline University se- so much pride knowing that sists that she has found her
Hammerstein, runs 7/13-29 Twain’s adventure 2224, TTY 612-377-6626 lected Oppenheimer’s draw- we achieved this together as a place, even as an ‘outsider’ to
ASL Sun., July 22, 2:00 – ing, saying that “it touched team; it’s much more power- the deaf community. “For a
Lyric Arts Main Stt Stage, “Crazy for You” by George “The Sound of Music” runs me.” ful.” while, I thought I shouldn’t do
420 E. Main St., Anoka, (763) and Ira Gershwin; 7/20 – 8/5 6/22 - 7/1ASL Saturday, June this because I’m not deaf. It’s
422-1838; Originally pre- * ASL Sat., July 28, 7:30 – 30, 7:00 - Interpreters: Mary Bringing the statue to life was So far, Oppenheimer has not my place. I’ve learned,
sented on television in 1957 Interpreter: Beth Cherry- Holte & Shari EstepEden a grueling process for the heard positive response to the though, that it is my place
with Julie Andrews, Cinderella holmes, Mounds View Com- Prairie Community Theatre at artists. Oppenheimer admits, Deaf Art Club’s Charlie even more. It needs to be
was the most widely viewed munity Theatre at Irondale Staring Lake Amphitheater, “I can do a lot, but I can’t do it Brown. “When people see the outsiders who challenge rac-
program in the history of TV. High School Theater, (651) (952) 949-8453, TTY (952) alone.” For help, she relied statue, they talk about their ism, hatred, ignorance, and
Now adapted for the stage. 638-2130 or goseemvct@ 949-8399.Freewill donation on her friends in the Deaf Art connection to the deaf com- fear. It’s important that I’m
aol.com. $10, Sr/Student $8 Club, a local group that munity with a smile on their not deaf because all of us need
“Spike Heels” by Theresa Romance, misdirection, dis- “Communicating Doors” by Oppenheimer has been work- face. I hope it continues to get to take responsibility and the
Rebeck; AD performance on guises, slapstick and exciting Alan Ayckbourn, runs 6/16 - ing with since the club’s people and children excited people with privilege, espe-
Sun, July 22, 2:00 - with Au- dance numbers fill the stage 7/8* AD/ASL Saturday, June inception in 1999. Helene about ASL so they want to cially, need to take responsi-
dio Describer Mari Griffin. when the Deadrock theatre is 30, 8:00 -- AD: Rick Jacobson; and club members had to learn more.” bility. Deaf art is a folk art,
Theatre in the Round Players, threatened with foreclosure. ASL: Susan Masters &An- complete the Charlie Brown meaning that it is an art of the
245 Cedar, Mpls, 612-333- thony VerdejaPark Square statue in a matter of just a few Though she has fibromyalgia people. You don’t have to be
3010, www.theatreintheround “Mother Goose Rocks!” by Theatre, (651) 291-7005, A days. She describes the and six herniated discs, from that ethnic group to learn
.org Area premiere of a funny Randy Latimer, music by sci-fi murder mystery & time challenge: “It was like a Oppenheimer is not deaf. about it and enjoy it.”
feminist Pygmalion - a mod- Gary Rue, runs 7/6–8/5; ASL/ travel adventure! marathon. I worked day and Instead, she has opened her
ern satirical love story. Graphic AD Sun., July 29, 2:00, & night, sometimes as late as 3 heart and found a bridge to More information about
language & partial nudity. Thurs., Aug. 2, 12:30 – * Selected performances are AM. Whenever we needed to this particular community. Oppenheimer’s and the Deaf
Describer: Mari Griffin; In- eligible for Reduced Admis- talk to each other, we had to Living in California when she Art Club’s work can be found
“Tasty Baby Belly Buttons” terpreter: Nancy Niggley, sion Prices through Access to stop what we were doing and first became disabled, she at www.home.earthlink.net/
by Dane Stauffer, runs 7/13 – Stages Theatre Co., (952) Theatre. For more info con- talk through ASL, so that was wanted to thank a deaf friend ~aslclay
8/5, AD Tuesday, July 24, 979-1111, A musical based tact VSA arts of MN, an extra challenge. Through for helping to take care of her.
11:30 am – Audio Describer: on Mother Goose stories. mn@vsarts.org. (612) 332-
Mari Griffin, ASL, Sunday, 3888 or statewide (800) 801-
July 29, 2:00 – SteppingStone 3883 (voice/TTY). METROPOLITAN CENTER
Theatre, at Landmark Center, for INDEPENDENT LIVING
(651)225-9265, A musical
adventure fantasy based on a
If you are a consumer or a MCIL offers services for people with disabilities, their families
whimsical Japanese folktale. provider and know health care and friends, service providers, and interested community members
in the 7-county metro area.
“Man of La Mancha” ASL can and must be done better,
Thursday, July 26, 8:00 – we need to hear from you. Information and Referral (Information hotline: 651-603-2039) Advocacy
Interpreters: Doug Bowen- Independent Living Skills Training Individual Peer Support
Bailey & Nancy Diener, Deaf I.L. Services
Minnesota Repertory The- Personal Assistance Services (M.A. Subsidized)
atre, at the Marshall Perform- Ramp Project Transition Program ADA Information
ing Arts Center Mainstage Meeting Rooms Computer Lab Resource Library
Theatre at the University of Support Groups ...Chemical Dependency with Physical Disability
MN Duluth. $14 Adults, $12 GLBT with Disability
Students/Seniors (62+), $7 Chemical Dependency with Traumatic Brain Injury
children (13 and under). 218-
726-8561. Ask for seats in the
Interpreted section. A REVOLUTIONARY 1600 U NIVERSITY A VE . W., S UITE 16, S T. P AUL , MN 55104-3825
APPROACH 651-646-8342 V OICE 651-603-2001 TTY 651-603-2006 F AX
FOR PEOPLE WITH
651-641-0887 DISABILITIES HTTP:// WWW . MCIL-MN.ORG
* *
*
8 July 10, 2001
Creeping Incrementalism:
The ADA Marks Another Anniversary
by John Tschida
lawsuit could be filed against leases. The slotted date for civil rights vs. special privi-
C asey Martin may have
recently won a legiti-
mate and hard-fought victory
disabilities from nursing
homes into the community;
facilitate consumer-directed
As information technology
becomes more advanced, por-
table, and commonly used,
the alleged violator. full compliance is 2012. leges, with few fence-sitters
in this debate.
to preserve his right to a personal assistance services people with disabilities need Proponents say the goal is to The Department of Justice
reasonable accommodation, and supports; and change the access. These tools “are eliminate frivolous lawsuits, (DOJ) has reached an agree- The Martin decision is a
but he cannot ride his golf cart way states deliver informa- becoming more and more while disability advocates say ment with United Artists to perfect example of this ideo-
into the setting sun at Augusta tion to individuals to make it essential to our employment, it would provide no incentive ensure that new stadium-style logical divide. Alan Reich,
knowing that all is right with more coordinated and con- education, and community for compliance with the ADA theaters allow for scattered president of the National
the Americans with Disabili- sumer-friendly. The latter participation,” said Bonnie until someone cried foul. seating and good sight lines Organization on Disability,
ties Act (ADA). As we mark initiatives, called “Real Choice O’Day, member of the Na- Advocates, like the National for disabled patrons. The bad said “the disability commu-
the 11th anniversary of the Systems Change” grants, will tional Council on Disability. Council for Independent Liv- news? The Justice Depart- nity knows a person’s abilities
ADA this month, actions by receive the most grant dollars. The Council’s new report, ing, have also said it makes ment had to intervene in 1996 should be more important
the courts and Congress—and The Accessible Future, cred- people with disabilities the to garner ADA compliance than his or her disability.”
inaction by those non-compli- The Minnesota Department its the ADA with improving primary enforcers of the law, when United Artists was This is the foundation of the
ant with the Act—remind us of Human Services, led by the the situation for the disabled, a responsibility they shouldn’t building traditional theaters ADA: an implicit nod to the
that eternal vigilance might be newly formed Community but notes there is no single have to shoulder. with limited accessible seat- interaction of physical limita-
the price of accessibility as Quality Initiatives Division, piece of legislation governing ing and poor screen angles. tion and environmental barri-
well as liberty. has worked with members of electronic and information The most famous backer of Similar cases have been filed ers. Historically, our biologi-
the disability community and technology in the way the the proposal, Clint East- regarding Carnival Cruise cal differences have been
Some Good News others to develop grant pro- ADA governs the physical wood, was sued last year lines and the city of Steam- used to separate us, whether in
First, the good news: the Bush posals in all three areas. environment. because his California Mis- boat Springs, Colorado. The work or at play. The decade-
Administration has acted to Funding decisions will be sion Ranch was said to be latter was the first DOJ foray long educational focus around
put some meat on the bones of made by HCFA in October. Some Bad News inaccessible. While Eastwood into the transportation thicket. the ADA has been to show
the Olmstead decision, in While much energy is being claimed victory, the court did While decided in favor of the that with some nominal tink-
which the Supreme Court Each of these efforts is tied to expended for the good, a find ADA violations existed. consumers with disabilities, ering with the environment,
dictated that individuals with the President’s $8.6 billion legislative effort to weaken As a result, the plaintiff’s the question these examples equal access is readily achiev-
developmental disabilities be New Freedom Initiative, a the ADA has resurfaced. legal fees must be paid by beg is why does lingering— able, and something we ought
provided services in the “least comprehensive effort to bet- Congressman Mark Foley (R- Eastwood. The media play and in some cases aggres- to expect.
restrictive setting.” In plain ter integrate technologies, Florida) has again introduced surrounding this and other sive—noncompliance with the
English, this means commu- education, the workplace, and the ADA Notification Act. issues indicates there is heavy ADA still exist? But on the same subject,
nity-based rather than institu- communities to the benefit of The proposal would require lifting yet to be done to ensure Justice Antonin Scalia closed
tionalized settings. The Ex- people with disabilities. an individual to provide a compliance with the ADA. High profile ADA cases like his dissent by skewering the
ecutive Order, signed June business or public entity with the Garrett loss and the Casey logic of the Court’s majority,
18, applies to anyone with a Federal regulations also took a written explanation of In California, the Department Martin win bring proponents and declaring “The year was
disability and calls for a re- effect June 21 requiring that alleged ADA violations. A of Motor Vehicles has identi- and opponents out of the 2001, and everybody was
evaluation of the practices new federal information tech- 90-day waiting period would fied 4,523 architectural barri- woodwork. The level of finally equal.” Not yet, Your
and policies of federal agen- nology systems and equip- then be instituted before any ers in buildings it owns or discourse becomes one of Honor. Not yet.
cies. It also mandates that ment be accessible to people
federal agencies work with with disabilities in the work-
states to fully comply with the place. This will affect com-
Olmstead decision and the puter software, phones, fax
ADA. This is a good first step. machines, and web site de-
Government Improves
sign, among others, and will
A parallel initiative, spon- aid an estimated 120,000
sored by the Health Care federal employees with dis-
Technology Access
Financing Administration abilities now on the job. The
(HCFA), will deliver $70 change was called for by a
million in grant funds to states 1998 law sponsored by Sen.
to aid in the community Jim Jeffords, whose new I nternet users who are blind
and use software that reads
text aloud often find that
need on the job.
On June 25, 2001, President
access to and use of informa- • Web sites that use graphics
tion and data, comparable to
that of the employees and
for navigation will need to
have text that describes
integration effort. Specifi- independent status has dra-
cally, the funds will help matically shifted the balance government Web pages are Bush ordered the implemen- members of the public with- those graphics.
states design and pilot initia- of power in Washington. inaccessible to them. People tation of Section 508 of the out disabilities––unless it is
tives to: transition people with in wheelchairs often cannot Rehabilitation Act Amend- an undue burden to do so.” Some technology will be
get close enough to ments, an action designed to exempt, including old Web
photocopiers in fed- help not only people with People with physical disabili- pages or national security
eral buildings to disabilities inside the govern- ties, vision and hearing im- devices.
ST
operate them. This ment, but the general public as pairments, and other disabili-
lack of accessibil- well. Section 508 “requires ties should all see the advan- The regulations, which
the
iss rld E
! ity is especially Federal departments and agen- tages of the implementation planners say will cost the
TT
difficult for the hun- cies that develop, procure, ordered by the President. government as much as $590
M o
n’t eW
dreds of thousands maintain, or use electronic Some of the changes which million, have caused some
Do
H
in
th O s fac
eo
ff of Federal employ-
ees with disabilities
and information technology
to ensure that Federal em-
will be brought about by the confusion as the deadline
implementation include: nears, demanding a big time
eels pla
yer Cup
ey World
who cannot access ployees and members of the commitment from each
Wh ck
rHo key
information they public with disabilities have • Electronic forms will be agency. Larry Allen, executive
™
owe rHoc 1 changed to work director of the Coalition for
200
P
est Powe
sb -9, , MN
properly with the Government Procurement,
rld’ 2001
wo e
The at th
st 5 lis
ugu po
M.A.T. associated software, and said the regulations are too
A ea the flashy animations vague. “The contractors are
Minn Metropolitan Area Transit, Inc. that mean nothing to the scared to death about having
Powe screen readers will be to certify that they’re in
HA
rH SPECIAL TRANSPORTATION revised. compliance with a standard
.E
W
W
PROVIDER
o OR
.S
that no one can tell you
ck RLD CUP
U
O
e
ey D
• Information kiosks at exactly what it is.”
Call “On Time Every Time national parks will be
763.535.4736 or we will buy you lunch” required to have an Further information on the
Or visit us at call for details alternate method of Federal Information Tech-
www.powerhockey.com M
in n
esota 200
1 providing information— nology Accessibility Initiative
to find out more!o fnd out (612) 379-4107 such as audio prompts— can be found on the web at
more! in addition to a touch http://www.section508.gov
MA, U-CARE, MEDICA, screen.
Sponsored in part byi PRIVATE PAY, PRIVATE INSURANCE
**Standing Orders ** Group Charters
* *
* July 10, 2001 9
IDEA In 2001:
National Conference Assesses Implementation
by Sue Abderholden
F or the first time in the
history of special educa-
tion, stakeholders represent-
Education. More than 120
organizations, including the
National Conference of State
grounds are identified as public education to all children
needing special education. with disabilities, including
those suspended or otherwise
to a private school that is
designed to serve children
with disabilities (provided the
possess or use illegal drugs or
sell a controlled substance, or
commit an aggravated assault
ing varied and sometimes Legislators, National Educa- Minnesota families and excluded from school. local school district and or battery. It provides that a
conflicting perspectives met tion Association, National advocates are also looking at parent agree) with school student with a disability sus-
in Washington, DC in June to Association of School Princi- additional issues. These in- In statements made from the districts paying the average pended or expelled for any of
learn how they could work pals, Federation of Families clude improving the role of floor, it was clear members of per-pupil expenditure to the the above violations “shall not
together to implement the for Children’s Mental Health, parents as equal partners in Congress do not fully under- private school. Once a child be entitled to continue
Individuals with Disabilities and the Arc, collaborate with the IEP process, and ensuring stand the provisions in IDEA is transferred, the school educational services, including
Education Act (IDEA), the these partnerships. that parents are members on and do not understand that district no longer has any a free appropriate public
federal law governing special committees where education students who are dangerous responsibility for the education, if the state does not
education. Proceedings and papers from policy is made (such as can be moved to alternative education of that child. The require a child without a
the summit can be found on special education advisory settings. private school can also bill the disability to receive edu-
“Partners Make a Great IDEA: the web at ideainfo.org committees and site-based parents for any costs not cational services after being
A National Summit on the committees.) There are also The Amendment passed by covered by the school district. expelled or suspended”
Shared Implementation of the Special Education In concerns about the lack of a the Senate, which was offered whether or not the behavior is
Individuals with Disabilities Minnesota coordinated system of mental by Senator Sessions (R-AL), Following a contentious a manifestation of the child’s
Education Act” was spon- health services for children has the effect of denying a free exchange on the floor of the disability. The House version
sored by the IDEA Partner- With all this discussion at the and young adults with good appropriate public education Senate, the amendment lost allows that a school district
ships, a coalition funded by national level on how IDEA is interagency collaboration to any student with a disability on a tie vote. Later the same may choose to continue to
the U.S. Department of Edu- being implemented, it may be occurring to achieve positive by subjecting them to the day a vote was taken to provide schooling and mental
cation. useful to look at special outcomes for students. To same disciplinary standards reconsider the amendment. health services. Minnesota
education in Minnesota. Min- address safe schools and as all other students, including This motion passed by a vote representatives voting for it
Over 650 people attended the nesota was selected by the discipline there is a need to the loss of educational services of 51 to 47 and then the full include: Kennedy, Ramstad,
summit, including families, federal Office of Special use the research in the during the period of any amendment passed on a voice and Gutknecht. And voting
teachers, related service per- Education Programs as one of schools, such as that done by suspension or other exclusion vote. Both Minnesota Senators against it include: Sabo,
sonnel, advocates, legislators, 16 states to undergo a self- George Sugai, on the use of if he/she is unable to voted against the amendment. Oberstar, McCollum, Peter-
school board members, prin- assessment process to see positive behavior supports demonstrate the relationship son, and Luther.This bill will
cipals, state directors of how well it is implementing instead of punishment-based between their disability and The House Amendment be going to conference
special education, and others IDEA ’97. The key findings and exclusionary strategies. the behavior for which they offered by Representative committee and opponents to
involved in implementing to date are: School personnel need training are being sanctioned. Norwood (R-GA), would these amendments hope to
IDEA. The summit focused on functional behavior Additionally, the amendment apply to students who carry or have influence there.
on five major topics related to •Transition: In 1995 Min- assessments so effective allows a child to be transferred possess a weapon, knowingly
IDEA implementation: school nesota was found to be behavior interventions can be
climate and discipline; the deficient in transition developed for students.
inclusion of children with planning in high school. A BUDGET - Cont. from p. 1
disabilities in standards-based long-range plan is in place to While we need to continue to Medical Assistance. Those agement benefits are de- needed rate increases for
reform; family involvement in correct these problems. improve special education in earning above this level can signed to aid in getting more community and other provid-
special education; dispropor- However, many families Minnesota, many families, retain 70 percent of their non-elderly people with dis- ers also were enacted. A new
tionate representation of di- mention the need to improve students with disabilities, and income this year and 75 abilities out of nursing homes benefit under the state’s
verse children; and special transition, especially in terms school staff are presently able percent next year. and into the community. Medical Assistance program,
education personnel. of interagency planning and to work together for quality Approximately 2,600 dis- adult rehabilitative mental
student-led Individualized special education services. Prescription drug program: abled Minnesotans under age health services, was also
Experts, researchers, and lo- Education Program (IEP) There are many students with Attempts to accelerate the 65 reside in skilled nursing established.
cal teams presented on these team meetings. The state disabilities who have a bright inclusion of people with facilities (SNFs) today. The
topics and on emerging is- recognizes the need to future ahead of them. disabilities under age 65 who benefits, for those currently in TBI waiver expansion: The
sues. Some of the keynote improve service coordin- are enrolled in Medicare were SNFs and those eligible for Tramatic Brain Injury (TBI)
speakers included Margaret ation in all areas of transition If you are looking for more unsuccessful. However, more home care, were initiated by waiver will be expanded to
McLaughlin of the National including early childhood. information about special Minnesotans will qualify for the Department of Human include services for persons
Center for Students with education, visit the following the discount prescription pro- Services and contained in the with cognitive dysfunction
Disabilities in Education Re- •Inclusion: Fewer than 8% of websites: www.pacer.org; gram, since the income limit governor’s proposed budget. such as Multiple Sclerosis or
form, Alfredo Artiles of Minnesota students with www.fape.org; http://cfl. was raised from 100 to 120 Alzheimer’s Disease. The
Vanderbilt University, Rob- disabilities are served in state.mn.us/speced; http:// percent of FPG. The start date Mental health: Significant change will ensure that indi-
ert Yinger of the Holmes segregated classrooms, www.ed.gov/offices/OSERS/ of July 1, 2002, remains changes to the state’s mental viduals will receive therapies
Partnership, Michigan parent which is far lower than the OSEP/index.html unchanged. health statutes, including civil and services for cognitive
Al Blixt, and George Sugai of national average. commitment procedures, the impairments that were not
the National Center for Posi- Discipline Provision Passes Nursing Home discharge: establishment of mental health previously available to them.
tive Behavioral Supports. The •Graduation Rates: Students Congress Two new targeted case man- crisis services, and much
summit also engaged 80 in Minnesota who have an
delegates, representing each IEP are more likely to Congress has finally finished
of the four partnerships, to graduate with regular its work on the Elementary
discuss the challenges facing diplomas (38.2%) than the and Secondary Education Act
ACCESSIBLE HOME WITH ACREAGE FOR SALE
IDEA implementation and to national average, which is (ESEA). While this act
create a list of possible 24.5%. generally deals with regular
collaborative activities to education, such as Title I,
move implementation for- •Testing: Minnesota exempts gifted and talented programs
ward. fewer than 3% of special and student testing,
education students from state amendments were adopted
The coalition has four key testing, which is far fewer that affect children with
partners: IDEA Local Imple- exemptions than other states. disabilities.
mentation by Local Adminis-
trators Partnership (ILIAD) •Personnel: More qualified Both the U. S. House and
and Associations of Service personnel are needed. Close Senate, despite opposition
Providers Implementing to 12% of special education from parents, advocates, Accessible Custom-Built 2-Story Home on 5 Picturesque Acres! Some
IDEA Reforms in Education teachers were not fully professionals and state of the features of this 5-Bedroom, 4-Bath Home include 4’ wide hallways
Partnership (ASPIIRE) based licensed during the ‘99-’00 directors of special education, and stairways throughout, Rough-In 3-story manlift for Accessibility
at the Council for Exceptional school year and a little over adopted amendments that from both the lower and main Levels. Heating on each floor controlled
Children; Families and Advo- 20% of EBD teachers were eliminate one of the original
individually, extensive computer, cable and outlet wiring throughout the
cates Partnership for Educa- not fully licensed. core principles of the
tion (FAPE) based at PACER Individuals with Disabilities home. Home is easily converted for fully-accessible living.
Center; and The Policymaking •Disproportionality: A dis- Education Act (IDEA) - the
Partnership (PMP) based at proportionate number of “zero reject” principle – Proudly listed by the Klick Group with RE/MAX Results.
the National Association of children from racially and reflected in the duty to Call for more information! 763-591-6049.
State Directors of Special linguistically diverse back- provide a free appropriate
* *
*
10 July 10, 2001
Directory of Organizations for
Persons with Disabilities
Editor’s Note: This month in the directory we are trying a couple of new things. Many readers have asked for E-mail addresses of various groups and individuals,
so we are including them, as available. Also for the first time, we have arranged the groups in the directory by category, similar to what one might find
in the “Yellow Pages.” We thought this would help readers to more easily track down resources to help with particular needs. If you would prefer your organization be in a different
category, please let us know your wishes. As always, let us know if there are any errors in your listing and tell us what you think of the new format.
ADVOCACY ORGANIZATIONS GOVERNMENT SERVICES RECREATIONAL SERVICES continued
ACT-UP MN, Robert Halfhill, 612-870-8026 Dakota Co. Social Services, 952-891-7400, www.co.dakota Camp Winnebago, Kathy Geely, 507-724-2351, campwinn
Access for All, Mike Chevrette, 651-481-4062 .mn.us @means.net
Advocating Change Together, Kathy Sanders, 651-641-0297 Division for Persons w/ Developmental Disabilities, 651-282- Capable Partners, Jonathan Leslie, 763-542-8156
ARC - Anoka/Ramsey Co.s, Marianne Reich, 763-783-4958 2086 Ski for Light, 612-827-3232
ARC - Hennepin/Carver County, 952-920-0855, Mpls. Advisory Commitee for People with Disabilities, Margot US Electric Wheelchair Hockey Association, Craig McClellan,
archennepincarver.org Imdieke Cross 651-296-6785, elizabeth.held@ci.min 763-535-4736
ARC - MN, Bob Brick, 651-523-0823, 1-800-582-5256, neapolis .mn.us Wilderness Inquiry, Corey Schlosser-Hall, 612-379-3858,
mail@arcminnesota.com MN Children with Special Health Needs, 651-215-8956, 800-728-0719 V/TTY, www.wildernessinquiry.org
ARC - Suburban, Marianne Reich, 952-890-3057 1-800-728-5420 V/TTY
ARRM, Bruce Nelson, 651-291-1086 MN Dept. of Human Services, Traumatic Brain Injury REHABILITATION CENTERS
Justice for All-202-488-7684, Justin and Yoshiko Dart Program, 651-582-1938 Courage Center, John Tschida, 763-520-0520, 612-520-0245
MN Consortium for Citizens With Disabilities, Tom Brick, MN Gov. Council On Dev. Disabilities, Deborah Tompkins, TTY, johnt@courage.org
651-296-3478 651-296-4018 V, 651-296-9962 TTY Functional Industries, Don Tribyl, 763-682-4336
MN Developmental Achievement Ctr Assoc, 651-647-9200 MN State Council on Disability, 651-296-6785 Lifetrack Resouces, 651-227-8471, TTY 651-227-8471
North Suburban Consumer Advocates for the Handicapped MN State Services for the Blind, 651-642-0500, 800-652-9000 Metro Work Center, Inc., 612-729-7381, mwc@onvoy
(NSCAH), Jesse Ellingworth, 763-783-4708, 763-783-4724 St. Paul Advisory Commitee for People w/Disabilities, Roger mail.com
TTY Schwagmeyer, 651-266-8891 Midwest Special Services, Lyth Hartz, 651-778-1000
Ombudsman for Mental Health & Mental Retardation, 651- Opportunity Partners, 952-938-5511, 952-930-4293 TTY
296-3848, 1-800-657-3506, www.ombudmhmr.state.mn.us. HEALTH ORGANIZATIONS Owobopte, Inc., 651-686-0405
Children’s United Hospital, 651-220-8000 Rehab Services Branch, 651-296-5616 or 800-328-9095, 651-
BRAIN INJURY SERVICES Gillette Children’s Hospital, Lynn Carpentier, 651-229-3845 296-3900 TTY
A Chance to Grow, Bob DeBour, 612-521-2266, newvisions Health Psychology Clinic, U of M, 612-624-9646 Rehabilitation Centers, MRCI - Burnsville, 952-894-4680
@mail.actg.org Methodist Hosp. Ctr. for Senior Services, 952-993-5041 MRCI - Carver/Scott 952-445-6811
Brain Injury Assoc. of MN, Stephanie Weiss Lake, 612-378- Methodist Hosp. Stroke Supp. Grp., 952-993-6789 MRCI - Chaska, 952-448-2234
2742, 800-669-6442, info@braininjurymn.org Methodist Hosp. Parkinson Center, 952-993-5495 MRCI - Fairmont, 507-238-4388
Traumatic Brain Injury-TBI Metro Services, 612-869-3995 Shriner’s Hospitals for Children, Karen Boyer 612-596-6105 MRCI - Industrial Operations, 507-386-5600,
Sister Kenny Institute, Deb Rasmussen, 612-863-4622 mrci@mnic.net
COMMUNITY-LIVING SERVICES MRCI - Lakeville, 952-898-5025
Community Bridge Consortium, Pat Svendsen, 651-748-7437 HEARING IMPAIRMENT SERVICES MRCI - New Ulm, 507-233-2700
V/TTY, psvendse@isd622.k12.mn.us Deaf Blind Services MN, Jean Greener, 612-362-8454 V/
Community Involvement Programs, 612-362-4400 TTY, info@dbfm.org RESIDENTIAL SERVICES
Help Yourself, Sara Meyer, 651-646-3662 Deaf & Hard of Hearing Services Metro, Marie Koehler, 651- Accessible Space, Inc., Stephen Vanderschaaf, 651-645-7271,
Henn. Co. Lib. Homebound Serv., Becky Mobarry, 952-847- 297-1313 TTY,651-297-1316 www.accessiblespace.org
8850 MN Assoc. of Deaf Citizens, Inc., Douglas Bahl, 763-757- Altern. for People with Autism, Inc, Mike Amon, 763-560-
Kaposia, Inc., Cindy Amadick, 651-224-6974, camadick 5998 TTY 5330, afpwa@mr.net
@kaposia.com MN Commission Serving Deaf & Hard of Hearing People, Anoka Metro Reg. Treatment Ctr., Judith Krohn, 763-712-
Metro Ctr. for Independent Living, 651-646-8342 V, 651- 651-297-7305 TTY 4000
603-2001 TTY MN Relay Service, 1-800-627-3529, sprint.trscustserv@mail. Homeward Bound, Inc., 763-566-7860
SE MN Ctr for Independent Living (SEMCIL), 507-285- sprint.com Nat’l Handicap Housing Inst., Inc., Mike Bjerkesett, 651-639-
1815, 507-285-0616 TTY Self Help for Hard of Hearing (SHHH), Leslie Cotter, 651- 9799, nhhi74@aol.com
SILC-Statewide Independent Living Council, Bill Bauer, 651- 772-4931 V/TTY The Phoenix Residence, Darlene M. Scott, 651-227-7655
296-5085 V, 651-297-2705 TTY Sight & Hearing Association, 651-645-2546
So. MN Independent Living Enterprises & Serv. (SMILES), RESOURCE CENTERS
Alan Augustin, 507-345-7139 LEGAL SERVICES ALS Assoc. (Lou Gehrig’s Disease), 612-672-0484
West Henn. Commu. Services, Mary Perkins, 952-988-4177 Legal Advocacy for Persons with Dev. Disabilities, 612-332- Alzheimer’s Association, John Kemp, 952-830-0512
1441, mnlegalservices.org Am. Behcet’s Disease Assoc., 1-800-723-4238
EDUCATION ORGANIZATIONS Legal Aid Society of Mpls, Laurie Moser, 612-332-1441 American Cancer Soc.- MN Div., 612-925-2772, 1-800-227-
Adult Basic Ed/Special Needs, Betty Sims, 651-290-4729 MN Disability Law Ctr., 612-332-1441 2345
Adaptive Recreation & Learning Exchange, Kristen Abel, Am. Cancer Soc. (Ramsey Co.), 651-644-1224
612-861-9361 V/TTY, kabel@ci.richfield.mn.us MENTAL HEALTH SERVICES Amer. Diabetes Assoc., Lee Johnson, 763-593-5333
Center for Learning & Adaptive Student Serv. (CLASS), Alliance for Mentally Ill - Wash. Co., Bob Rafferty, 651-439- Amer. Heart Assoc., Betty Young, 952-835-3300, wwwam
Robert Doljanac, 612-330-1648, class@augsburg.edu 3800 ericanheart.org
Fraser Community Services, Diane Cross, 612-861-1688, Alliance for Mentally Ill of MN, 651-645-2948 American Lung Assoc., 651-227-8014, 1-800-642-5864 (in
diane@fraser.org Centre for Mental Health Solutions, Tamera, 952-922-6916, MN), info@alamn.org
Learning Disabilities Program (Family Services of St. Paul), www.tcfmhs.org Arthritis Foundation, Deb Dressely, 651-644-4108
Jan Parkman, 651-767-8321 Henn. Co. Mental Health Ctr., Joel Pribnow, 612-348-4947 Catholic Charities, Program for People with Disabilities, John
Learning Exchange, Lynn Dennis, 952-885-8531, TTY 952- Mental Health Association, 612-331-6840, 1-800-862-1799; Schatzlein, 651-222-3001
885-8590 www.MentalHealthMN.org Chemical Injury Resource Assn., 651-647-0944
MELD (MN Early Learning Design), 612-332-7563 V/TTY, Mental Health Consumer/Survivor Network, 651-637-2800, Chronic Fatigue Syndrome Association of Minnesota, 651-
info@meld.org 1-800-383-2007; csnmt@uslink.net 644-4975
Mpls. Community and Technical College, Office for Students Mental Health Law Project, Pat Siebert, 612-332-1441 Cystic Fibrosis Foundation, Molly Boyum, 651-631-3290,
w/ Disabilities, Melissa Newman, 612-341-7000 V/TTY MN Assoc. for Child. Mental Health, 651-644-7333, 1-800- minn@cff.org
MN Higher Education Services Office, Sarah Beth Mueller, 528-4511, dsaxhaug@macmh.org Down Syndrome Assn. Of MN, 651-603-0720,
651-642-0533 MN Depressive & Manic Depressive Assoc., 612-379-7933 dsam@mm.com
PACER Center, Inc., Pat Bill, 952-838-9000 V/TTY, Pilot City Mental Health Center, Sy Gross, 612-348-4622 Disability Institute, Wendy Brower, 952-935-9343
tbill@pacer.org Duluth Consumer & Family Regional Resource Center, 218-
Parent Support Network (EBD/ADD/ADHD/LD), 763-783- RECREATIONAL SERVICES 728-3531
4949 Achilles Track Club-Uptown, Kay Christianson, 612-822- East Suburban Resources, Sue Schmidt, 651-351-0190 or
POHI District Consultants-Mpls. Public Schools, Jim Tho- 7872 MRS 800-627-3529
mas- Anwatin Coord., 612-668-2450 Boy Scouting for People w/ Spec. Needs, Jan Bovee, 651-224- ELCA Committee on Disabilities, Linda Larson, 612-788-
Project Compass, Adult Disability Program - Winona Comm. 1891 8064
Educ., Helen Newell, 507-454-9450 Voice/TTY, Camp for Child. & Teens w/ Epilepsy, Deborah McNally, 651- Epilepsy Found., John Thompson, 651-646-8675, 800-779-
hnewell@isd861.luminet.net 646-8675, 1-800-779-0777 0777, infoefmn@mr.net
Reuben Lindh Learning Center, 612-721-5111 Directory - cont. on p. 13
* *
* July 10, 2001 11
DIRECTORY- Cont. from p. 10
RESOURCE CENTERS continued SOCIAL SERVICES VISION IMPAIRMENT SERVICES continued
Hemophilia Foundation of MN, 763-323-7406 Capella Management Group, Gerald Glomb, 651-641-0041 United Blind of MN, Inc., 763-391-3699
Independence Crossroads, Rob Olson, 612-854-8004, NW Henn Human Services Council, 763-493-2802 V/TTY Candle in the Window, Kathy Szinnyey, 1-502-895-0866
info@independencecrossroads.org Vision Loss Resources, 612-871-2222
Indian Family Service, Maggie Spears, 612-348-5788 SUPPORT Volunteer Braille Services & Large Print, 763-971-5231
League of Women Voters, 651-224-5445, office@lwvmn.org Emotions Anonymous, 651-647-9712, eaisc@mtn.org
Leukemia Society of America, MN Chapter, 952-545-3309 Gay and Lesbian Helpline, 612-822-8661 V/TTY VISUAL/PERFORMING ARTS
Lupus Foundation of America, MN Chapter, 612-375-1131, Spinal Cord Injuries Help Line, Roger Hoffman, 651-464-7559 Interact Center for the Visual and Performing Arts, 612-339-
mnlupus@aol.com 5145 V, 612-339-6465 TTY, interactcenter@aol.com
Lyme Disease Network of MN, Linn Olivier, 651-644-7239 TECHNOLOGY VSA MN, 612-332-3888 V/TTY, info.mn@vsarts.org
Lyme Disease Coalition, Linn Olivier, 651-644-7239, Closing the Gap, MaryAnn Harty, 1-507-248-3294,
lymenet_mn@yahoo.com info@closingthegap.com VOCATIONAL SERVICES
MN AIDS Proj., Lorraine Teel, 612-870-7773, 612-870-0700 AccessAbility, Inc., Darren Mack, 612-331-5958,
MN Resource Center, Kim Feller, 612-752-8102 TRANSPORTATION dmack@accessibility.org
Muscular Dystrophy Assoc., Christina Van Vooren, 952-832- Metro Mobility, 651-602-1111, 651-221-0014 TTY Access to Employment, Lori Sterner, 763-543-6980V/TTY
5517 (Mpls. district), 952-832-5716 (St. Paul district) Goodwill Indus./Easter Seal, Lynette Bergstrom, 651-646-
National Ataxia Foundation, Donna Gruetzmacher, 763-553- U of M AFFILIATED PROGRAMS 2591 V, goodwilleasterseals.org
0020, naf@ataxia.org Institute on Community Integration, Vicki Gaylord, Lifeworks Services, Susan Sczcukowski, 651-365-3732,
Nat’l Center for Youth w/ Disabilities, Elizabeth Latts, 612-
publications@icimail.coled.umn.edu, 612-624-4512 sks@lifeworks.org
626-2820 UofM Disability Services, 612-626-1333 V/TTY, Midway Training Services, Barbara Kale, 651-641-0709
Nat’l. Multiple Sclerosis Society, MN Chapter, Jill Retzer,612-
webmaster@disserv.stu.umn.edu Rise, Inc., 763-786-8334, bdepoint@rise.org
335-7900, 1-800-582-5296 V/TTY, jretzer@mssociety.com UofM Disabled Stud Cultural Ctr, 612-624-2602, 612-626- TSE, Inc., Phil Saari, 651-489-2595
People, Inc. Epilepsy Services, Anne Barnwell, 612-338- 7003 TTY Vinland Center, Carol Jackson, 763-479-3555 V/TTY, vinland
9035, www.orgsites.com/mn/epilepsy @vinlandcenter.org
Spina Bifida Association of MN, Lisa Schaffee, 651-222-6395 VISION IMPAIRMENT SERVICES Wings, Debbie Atterberry, 612-752-8844, djatterberry
Twin Cities Autism Society, 651-647-1083 Am. Council of Blind Services, James Olsen, 612-332-3242 @juno.com
United Cerebral Palsy of MN, JoAnn Erbes, 651-646-7588, 1-BLIND, Inc., Joyce Scanlan, 612-872-0100
800-328-4827, ext.1437, ucpmn@isd.net Commu. Ctr for the Blind, Dave Andrews, 651-642-0513
Deaf Blind Services MN, Jean Greener, 612-362-8454 V/
SERVICE DOGS TTY, info@dbfm.org
Hearing and Service Dogs of MN, Alan Peters, 612-729-5986 Radio Talking Book, 651-642-0500
V, 612-729-5914 TTY, hsdm@bitstream.net Sight & Hearing Association, 651-645-2546
Helping Paws Of MN, 952-988-9359, helpingpaws@ens.net
If your organization would like to be included in the
Directory of Organizations, contact ACCESS PRESS at Suite 185N,
1821 University Ave.W. St. Paul, MN 55104 • 651-644-2133 • access@mninter.net
Youth Works•AmeriCorps is currently recruiting for full and part-time positions
beginning in September.
Youth Works•AmeriCorps, the domestic Peace Corps, is a national service program
in which members commit to a year of service in areas of critical community need.
Members tutor kids, build affordable homes, preserve natural resources or assist
recent immigrants, the elderly, or those who are homeless.
Youth Works•AmeriCorps is real-life education. Members gain experience for future
careers and develop leadership, teamwork and communication skills. They receive a
monthly stipend, and upon completion of service receive an education award to help
pay for college or vocational training, or to pay off student loans.
Whatever your interest, Youth Works•AmeriCorps needs your skills and dedication.
For information about becoming a member, contact Michelle Trebtoske at
(651) 582-8214, TTY: 651-582-8201 or michelle.trebtoske@state.mn.us.
* *
*
12 July 10, 2001
Repetitive Motion Disorders: The Unseen Disability
Part II: Political and financial concerns fuel repeal of ergonomics regulations
by Amy Farrar
In last month’s Part 1, Amy talked about the extent and seriousness of Repetitive Motion Disorders. This month she talks about efforts at the state and federal level to reduce the damage caused by RMDs.
S ay the word “ergonom-
ics” and you will get
completely different reac-
workers who were injured for employers to follow.
from RMDs. Secretary Chao is slated to
decide by September whether
overseas.” Northrup and Rep.
Henry Bonilla, R-Texas, co-
sponsored the measure to
want to completely do away
with the concept that it [the
problem of RMDs] is work-
standards, but Minnesota
OSHA does cite for injuries
and illness under the General
tions from businesspeople, RMDs—also called cumula- her department will develop overturn the regulations. related!” Barnes said it seems Duty clause, and he believes
health care specialists, union tive trauma disorders, muscu- new ergonomics regulations. as if the more recognition the state can do better than the
representatives, and people loskeletal disorders (a wider In the meantime, thousands Michael Kuchta, editor of The RMDs get as a disability, the federal regulations that would
with repetitive motion disor- classification of injuries, in- of American workers, if not Union Advocate, said these more resistance she’s seeing have been in place. Honerman
ders (RMDs). There is no cluding those that result from more are being injured every types of arguments “are red by the business community, in said ergonomic standards
doubt that people with RMDs repetition), repetitive stress day. herring arguments the busi- which many companies fear would have more specifically
have a real disability. How- disorders, and repetitive ness community throws out the potential cost of providing stated what employers would
ever, the recent legislative strain—affect people differ- According to Facts on File, there…it’s the same type of infrastructure improvements need to do to address work-
repeal of ergonomics regula- ently and present with a wide when President Bush signed argument they threw out with to protect workers. Advocates place hazards. California and
tions established by the Occu- variety of symptoms, depend- JSRES6, he called the regula- the Family and Medical argue, however, that the Washington are the only
pational Safety and Health ing on a multitude of factors. tions, “unduly burdensome Leave Act.” Kuchta said he enormous cost of treating states with ergonomic stan-
Administration (OSHA) is These factors make it ex- and overly broad.” He said the believes there is a lot of sound employees with RMDs over- dards right now.
ample evidence that opinions tremely difficult to assign one rules would provide “uncer- evidence for how the OSHA shadows any potential infra-
on how RMDs in the work- cure or cause for RMDs. U.S. tain benefits” and “would standards were developed, structure costs. According to OSHA, the
place should be dealt with are Bureau of Labor Statistics have cost both large and small and that they went through the benefits of the regulations,
as opposite as they come. (BLS) say that in 1999 (the employers billions of dollars same procedure all federal In Minnesota, according to had they taken effect, would
year for which the bureau has and presented employers with regulations go through, in- James Honerman, a depart- have included the prevention
President Bush signed a bill in the most recent statistics), overwhelming compliance cluding a decade of comment ment spokesman for Minne- of 3 million MSDs (musculo
March that, according to the 246,700 people in the United challenges.” periods, revisions, and hear- sota OSHA, “We’ll continue skeletal disorders) over ten
March 22 edition of the Facts States had disorders associ- ings. to do the things we’ve been years, an average of 300,000
on File News Service, “effec- ated with repeated traumas, or Another argument for repeal- doing in Minnesota. If we see per year; the protection of
tively annulled a wide-rang- 66 percent of the total number ing the regulations is that Although OSHA’s regula- a trend of high rates of illness 27.3 million workers at 1.9
ing workplace safety initia- of injuries recorded for that employers have no way of tions have been repealed, and injury, we will work million work sites; $22,500 in
tive imposed by former Presi- year. These numbers don’t knowing whether an RMD OSHA can still cite compa- within that industry to lower direct cost savings for each
dent Bill Clinton in the final account for unreported cases. occurred on or off the job. nies under its General Duty rates of illness and injury. The MSD prevented; and $9
days of his presidency.” The This argument is bolstered by Clause (Section 5A1). But enforcement will be there.” billion average savings each
bill, JSRES6, was a joint Since the repeal of the the conclusion by the U.S. Kuchta is one of many who year (currently MSDs cost
Senate resolution to repeal regulations, union workers, Bureau of Labor Statistics don’t believe there will be any Honerman said Minnesota $15 to $20 billion in workers’
OSHA regulations (S21-93, legislators who supported the that hundreds of thousands of replacement rules. “Maybe OSHA has done specific compensation costs with total
under public law 91-596) that regulations, and others have people with RMDs, if not some guidelines [will be put things to address ergonomics costs as high as $45 to $60
would have required employ- been asking Labor Secretary more, never report their in place], but no kind of issues in the workplace. One billion each year). According
ers to provide ergonomic Elaine Chao when replace- injuries for fear of losing their regulations that will be en- example he cited was what his to OSHA statistics, the cost of
workspaces and equipment to ment rules will be put in place jobs. Other opponents of the forceable by law. The market- office did to counteract the fixing a workstation averages
regulations say that many place (individual businesses) high number of RMDs in the $150 per year, and employers
employers are already taking will dictate what a safe meatpacking and nursing in- would have had to pay $4.2
steps to protect their workers, workplace is,” he said. “How dustries in the 1980s and late billion, including $875 mil-
but union representatives say do you evaluate what the cost 1990s. Honerman said onsite lion now lost by workers
not all employers can be of this would be?” he said, walk-throughs were con- whose income and benefits
trusted. adding that the wide divide in ducted, followed by em- are not fully covered by
Home Care Services opinion on the issue between ployee surveys and educa- workers’ compensation.
Available 24 hours per day In the March 8, 2001 issue of the business and scientific tional classes for both em-
the Congress Daily, reporter communities makes it even ployees and employers. He For additional information on
Specializing in the care of Children • Adults • Elderly April Fulton quoted Rep. more difficult to figure out. said employees were trained RMDs, the following Web
Anne Northrup, R-Ky, as on safety and health hazards sites may be of use: www.osha
We provide Personal Care Assistants • Home Health saying, “Opponents of the Action On The State Level and safety programs were put .gov (Occupational Safety
Aides • Homemakers • Live-in Caregivers • Nursing ergonomics regulation—who in place. and Health Administration);
Our Rehabilitative Services include: Physical/ said it was too broad, would Now, states are in the position www.aflcio.org (American
Occupational/Speech/Respiratory Therapies put employers out of business to develop their own stan- “Minnesota OSHA is looking Federation of Labor and
and override current volun- dards for ergonomics. Ac- at what other states have Congress of Industrial Orga-
PCA Provider Organization
tary ergonomics efforts— cording to Stephanie Barnes, adopted for their own ergo- nizations; www.bls.gov (U.S.
MA/Waiver/Medicare Certified
praised the vote. If the Clinton founder of ARMS (Associa- nomic standards,” he said. He Bureau of Labor Statistics);
612-544-0315 or 1-800-231-0315 rule were allowed to stand, it tion for Repetitive Motion said Minnesota doesn’t cur- and www.nas.edu (National
would “drive our best jobs Syndromes), “Some states rently have any ergonomic Academy of Sciences).
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* *
* July 10, 2001 13
GARRETT- Cont. from p. 1 The language of the entire bill that
waives the State of Minnesota’s
Missouri Minnesota What Will This Law
Accomplish?
Garrett ruling immunity,
seeking to enforce rights or Missouri’s approach to legis- Minnesota’s legislation was contained in the current Session Laws
obtain remedies afforded by lation was both more conser- crafted mostly by legislators At this point, we await the as Chapter 159, is as follows:
the following federal laws vative and more novel. Mis- and followed, in many ways, filing of federal lawsuits
and their implementing regu- souri introduced “emergency” California’s bill. However, it under these statutes against
BE IT ENACTED BY THE LEGISLATURE OF THE STATE
lations...” [The following legislation which, if passed, focused solely on remedying the state by a state employee.
OF MINNESOTA:
statutes are then listed: Fair would have become effective erosions to the ADA caused It will be interesting to see if
Labor Standards Act, Title retroactively. “This section by the Supreme Court. There- Minnesota’s state courts, or
Section 1. [1.05] [WAIVER OF IMMUNITY FOR
VII of the Civil Rights Act, shall apply to all actions fore, it focused solely on the federal courts, uphold this
VIOLATIONS OF CERTAIN FEDERAL STATUTES.]
Age Discrimination in Em- pending or initiated on or returning to state employees statute or limit its provisions
ployment Act, Family and after February 21, 2001.” the right to sue the state in in any way. Also, of course,
Subdivision 1. [AGE DISCRIMINATION IN EMPLOY-
Medical Leave Act, and the Missouri’s legislation only federal courts. It is unfortu- while the current Attorney
MENT ACT.] An employee, former employee, or
Americans with Disabilities targeted the Americans with nate, in the view of disability General of Minnesota sup-
prospective employee of the state who is aggrieved by the
Act.] Disabilities Act. The bill did advocates, that the legislation ported this waiver of immu-
state’s violation of the Age Discrimination in Employment
not waive Missouri’s immu- was not broadened to include nity legislation—as did the
Act of 1967, United States Code, title 29, section 621, et
“(b) In any action brought nity from lawsuits under the consent to be sued under Title Governor and the legisla-
seq., as amended, may bring a civil action against the state in
pursuant to the federal laws ADA against the state filed in II of the Americans with ture—future lawmakers may
any court of competent jurisdiction for such legal or
described in Subdivision (a), federal court. Instead, Disabilities Act as well, since seek to repeal this law.
equitable relief as will effectuate the purposes of the act.
no immunity from suit may Missouri’s legislation, if our Appellate Circuit has
be asserted by any public passed, would have meant limited the right to such suits Advocates will probably be
Subd. 2. [FAIR LABOR STANDARDS ACT.] An
agency pursuant to the 11th that Missouri expressly con- already. But, had the legisla- considering the wisdom of
employee of the state who is aggrieved by the state’s
Amendment of the United sented to be sued in State tion been broader, it might not leaving the current law alone
violation of the Fair Labor Standards Act of 1938, United
States Constitution, and any Court but under the provi- have passed at all. or trying to expand it to
States Code, title 29, section 201, et seq., as amended, may
immunity is hereby waived. sions set forth in the federal include coverage for persons
bring a civil action against the state in any court of competent
ADA legislation. This might Amazingly, there was little who wish to sue the state
jurisdiction for such legal or equitable relief as will
“(c) For purposes of this have had the effect of implic- discussion about this legisla- because they have been de-
effectuate the purposes of the act.
section, ‘public agency’ itly incorporating the ADA tion in committees or on the nied public services by state
means the state, its agents, into the state civil rights floor of either house. Advo- agencies. An example of the
Subd. 3. [FAMILY AND MEDICAL LEAVE ACT.] An
officers, and employees, and statutes. Depending upon how cates and coalitions did not kind of coverage Minnesota
employee, former employee, or prospective employee of the
its political subdivisions in- limited Missouri’s state stat- lobby for the bill. In fact, they currently lacks in federal
state who is aggrieved by the state’s violation of the Family
cluding, but not limited to, ute regarding disability dis- were told that the low-key court is that students who are
and Medical Leave Act, United States Code, title 29,
charter cities and instrumen- crimination is, this might have approach was a better one for discriminated against by a
sections 2601 to 2654, as amended, may bring a civil action
talities.” This bill was clearly been a big victory for disabil- getting this bill passed. It state college or university
against the state in any court of competent jurisdiction for
intended to include any ity advocates. The damages worked. The bill passed and may not sue the state in
such legal or equitable relief as will effectuate the purposes
immunity claimed by cities were fairly conservative how- was signed into law. The bill federal court for money dam-
of the act.
or counties and therefore ever, capping monetary dam- waives immunity by Minne- ages. Such students could still
goes beyond the state waiver ages at whatever caps exist in sota from federal lawsuits by file charges with the Human
Subd. 4. [AMERICANS WITH DISABILITIES ACT.] An
of immunity set forth in the the state’s current law and state employees under the Rights Department or file
employee, former employee, or prospective employee of the
Rhode Island statute. This prohibiting punitive damages. Fair Labor Standards Act, the lawsuits in state court under
state who is aggrieved by the state’s violation of the
bill also did not pass. It will be interesting to watch Age Discrimination in Em- the Minnesota Human Rights
Americans with Disabilities Act of 1990, United States
However, some form of it Missouri in the next few years ployment Act, the Family and Act. Also, plaintiffs can still
Code, title 42, section 12101, as amended, may bring a civil
may pass at another time with to see whether this strategy is Medical Leave Act, and the sue in federal court for
action against the state in any court of competent jurisdiction
continued work by coalitions tried again. employment provisions of the injunctive relief such as
for such legal or equitable relief as will effectuate the
of advocates. Americans with Disabilities change of policies. Advocates
purposes of the act.
Act. will need to monitor lawsuits
and future legislation on this
issue as well as monitoring the
status of this current law.
TIPS ON BUYING Kathleen R. Hagen is a staff
attorney with the Minnesota
Readers who want to keep up with the ongoing efforts to
stop the appointment of Appellate and Supreme Court
justices who would further erode civil rights statutes can
PRESCRIPTION DRUGS Disability Law Center search for the latest information on www.ncil.org and
www.bazelon.org.
ONLINE METROPOLITAN COUNCIL NOTICE OF PUBLIC HEARING
ON ADOPTION OF HOUSING AGENCY PLAN
C ommon sense can go far • DON’T buy from sites that
to protect you when
shopping at pharmaceutical
include undocumented case
histories claiming amazing
• DO check with your state
board of pharmacy or with
the National Association of
The Metropolitan Council’s Livable Communities Committee will conduct a public hearing to
discuss the Public Housing Agency Plan and receive public comment.
Web sites. As the number of medical results. Boards of Pharmacy The Public Housing Agency Plan is required by the U. S. Department of Housing and Urban
online pharmaceutical sites (NABP) at www.nabp.net . Development (HUD). The Plan includes basic housing agency policies, rules and requirements,
grows, more and more of • DON’T buy from sites Some sites display the concerning its operations, programs and services. The Plan is intended to be a convenient
them bypass the traditional without posted customer NABP VIPPS (Verified source of information for public housing residents, participants in the tenant-based assistance
procedures and safeguards for service policies. Internet Pharmacy Practice programs and other members of the public. The Plan includes one-year program goals such as
prescribing medication. Sites) seal, an assurance that maximizing utilization of Section 8 program funding. The five-year plan includes long-term
• DO take only medications such sites meet all applicable goals of the agency such as new program development and implementation. To the extent
Some sites sell products that that have been prescribed by state and federal regulations. practicable, the PHA plans will eventually consolidate all PHA information that is required to
are not approved by the Food your doctor or other be submitted under existing HUD planning and reporting requirements into one document.
and Drug Administration. Or, authorized health care • DO buy only from US-
if they carry approved drugs, provider. based sites. The public hearing will be held: 3:30 p.m., Monday, August 20, 2001
they may avoid procedures Metropolitan Council, Rm IA, Mears Park Centre Bldg, 230 E 5th St., St.Paul, MN 55101
that were set up to protect • DO buy only from sites that • DO report problems. If you
consumers. require prescriptions from a suspect a site is not a The Housing Agency Plan is available for public review at the HRA administrative offices
physician or other authorized licensed pharmacy, do not located at 230 East Fifth Street in St. Paul, and on the Metropolitan Council’s website at
The following tips are from health care provider and that buy from it. Report the site www.metrocouncil.org. All interested persons are encouraged to attend. the hearing and offer
the FDA: verify each prescription and any complaints to the comments. People may register in advance to speak by calling Mary Ahern at 651-602-1605 or
before dispensing medi- FDA at www.fda.gov/oc/ TTY at 651-291-0904. Upon request, the Council will provide a reasonable accommodation
• DON’T buy from sites that cation. buyonline/buyonlineform. to persons with disabilities. In addition to speaking at the hearing, comments may be made in
offer to prescribe a medi- htm For more information, the following ways:
cation for the first time • DO use sites that provide go to www.fda.gov or call
without a physical exam by convenient access to a 1-888-INFOFDA. Written, faxed, e-mail and voice mail comments to:
your doctor or that sell licensed pharmacist who Mary Ahern, Metro HRA, 230 East Fifth St., St. Paul, MN 55101
prescription medicine with- can answer your questions. Information in this article Telephone: 651-602-1605 • Fax: 651-602-1313 • Email: mary.ahern@metc.state.mn.us
out a prescription. provided by the FDA.
Comments must be received by Friday, August 17, 2001.
* *
*
14 July 10, 2001
Adapted Water ads
More 15
Access To Employment on p.
Skiing: A MN Administrative Employment ads are $14 per col. inch; July
LEGAL
27 is the deadline for the Aug. 10 issue. Mail
Pastime SECTION SERVICES
COORDINATOR
The MSBA is seeking a FT
to: ACCESS PRESS • 1821 University Ave. •
#185N • St. Paul, MN 55104 • FAX 651-644-2136
ADMINISTRATIVE
ASSISTANT
Trusts & Estates
E-mail: access@mninter.net
by The Courage Center person to assist with activities
Faegre & Benson LLP, a
I t can only be described as
the ultimate experience:
flying across the water, con-
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trolling your ski by leaning, mailings; making meeting ar- experienced Legal Adminis-
and then jumping the wake to times overwhelming to any rangements, handling registra- trative Assistant in our Trust
swing wide across a lake as skier. tion needs (on- and off-site); FACULTY POSITIONS & Estates practice group.
smooth as glass. It’s a feeling handling product sales; work- Ideal candidates will have at
of power, combined with the The popularity of the sport ing with members (volunteers) Hennepin Technical College, with campuses in Brooklyn Park least 3 years legal secretarial
exhilaration of spray from a has resulted in a dash to sign and staff liaisons). The suc- and Eden Prairie, and centers in Plymouth and Hopkins, is experience; excellent organi-
Minnesota lake. Who would up for the program, although cessful candidate should have actively seeking applications for part-time and full-time zational and communication
imagine that people with we do have some openings for past exp demonstrating excel- probationary faculty vacancies for the 2001-2002 academic skills; proficient word pro-
disabilities could water ski? those who want the thrill of lent organizational skills and year. All positions have a proposed start date of August 20, cessing skills; keyboarding at
adventure! Our goal is to attention-to-detail, enjoy pro- 2001. All positions require applicants to meet minimum 60+ wpm; along with a team-
The sport that began in offer activities that give viding excellent customer ser- occupational and educational requirements for the particular oriented, flexible work style.
Europe is now one of the most meaning to life—and water- vice, and thrive in a fast-paced Minnesota State Colleges and Universities (MnSCU)
popular sports at Courage skiing is certainly one of atmosphere. Exp meeting plan- vocational teaching license. A Bachelor’s degree for faculty This position offers an inter-
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us who just get a charge out of from July 10 to August 14 at rector of Administration, Current Faculty Positions Open: tive wage and an excellent
challenging ourselves. But Pike Lake in Duluth (218- 600 Nicollet Mall, #380, Min- Instructor - Mathematics, Brooklyn Park Campus (Master’s benefits package, including a
our water skiing technique is a 726-4762) The cost for an neapolis, MN 55402. EOE. degree required) discounted bus program--
bit different. We have outing is $20 per evening. Instructor - HVAC (Heating/Air Conditioning/Refrigeration), Metropass. For additional in-
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ski in the traditional way. OFFICE MANAGER/EDITORIAL ASSOCIATE Instructor -English, Brooklyn Park arid Eden Prairie Benson, visit our web site at
Access Press Campuses (Master’s degree required) www.faegre.com. Please send
Cradled in a sling type seat Instructor - Nursing, Eden Prairie Campus (Bachelor’s degree resume and salary history to
attached to a wide ski board, a Immediate opening. Help produce Minnesota’s monthly news- required) Human Resources:
person can leave their wheel- paper covering a wide range of disability related issues. We Instructor - Painting and Decorating, Minnesota Correctional
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freedom as they fly across the independently and as part of 2-3 person team, and has excellent Instructor - Sociology, part-time (.75 - .95), Brooklyn Park and 2200 Wells Fargo Center
lake pulled by a ski boat. writing skills. Computer proficiency–database management, Eden Prairie Campuses (Master’s degree required) 90 South Seventh Street
word processing, Internet. Basic bookkeeping experience Minneapolis, MN 55402
In recent years adaptations helpful. Knowledge of disability preferred. 30 hours per week Please call 763/550-2183 to request a description of individual Fax: 612-766-1763 Internet:
have been developed that with benefits–health insurance, paid sick and vacation leave. positions. To apply, please send cover letter, resume and a list HR@faegre.com
allow those with limited Resumes to: Access Press, 1821 University Ave, W, 185-N, of references to Darren Hoff, Personnel Officer, Hennepin
balance and limited arm St. Paul, MN 55104; Phone: 651-644-2133; fax: 651-644- Technical College, 9000 Brooklyn Blvd., Brooklyn Park, Equal Opportunity Employer
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* July 10, 2001 15
Access To Employment ads
More . 14
EDUCATION
EMPLOYMENT ADS ARE $14 A COL. INCH; JULY 31 IS THE DEADLINE FOR THE AUGUST 10 ISSUE. Mail to: on p ASSISTANT
ACCESS PRESS 1821 University Ave. • #185N St. Paul, MN 55104 • Fax 651-644-2136 • E-mail: access@mninter.net EDUCATION
SPECIALIST
Legal Legal Human Resources ADMINISTRATIVE
ASSISTANT U of M Disability Services
LITIGATION CASE MANAGER STAFFING Marketing Department seeks up to three fulltime or
TECHNOLOGY MANAGER parttime Assistant Education
PROJECT SUPERVISOR Due to growth, Faegre & Great opportunity below! Specialists to work with stu-
PARALEGAL Benson LLP, a leading Min- Faegre & Benson LLP, a lead- dents with disabilities.
Due to growth, Faegre & Probate, Tax & Estate nesota law firm, has a new ing Minnesota law firm, has a Faegre & Benson LLP, a lead-
Benson LLP, a leading Min- Gray Plant Mooty, a 130+ at- opening in our Litigation Tech- new opening for a Staffing ing Minnesota law firm, has an Qualified candidates will have
nesota law firm, has a new torney downtown -Minneapo- nology Services department. Manager. This position will opening for an Administrative a MA in Rehab cnslg, social
opening in our Litigation Tech- lis law firm, is seeking a para- As a case manager you will develop and implement pro- Assistant. This person will re- work, student personnel, cnslg
nology Services department. legal with 5+ years experience consult with lawyers, parale- cedures for meeting the staff- port directly to our Director of psychology, or a related field;
The project supervisor pro- in preparation of individual gals and project managers to ing needs of our litigation Marketing and Public Rela- 2 yrs exp wkg with people
vides direct work supervision, and fiduciary income tax re- analyze, recommend, design, teams. You will assess, plan tions. Your responsibilities with disabilities, particularly
training, scheduling and coor- turns, federal estate tax returns, implement, monitor and sup- and implement staffing re- would include: coordinating psychiatric disabilities; knowl-
dination of workflow for liti- and estate/trust administration. port litigation projects; assist quirements for case projects; materials & activities for firm edge of federal and state laws
gation support projects involv- Duties include preparation of lawyers and paralegals with work with a variety of vendors seminars; handling ticket re- and community resources per-
ing temporary and regular per- annual accounts, individual & project management on the to fill openings on a short no- quests for local events; pre- taining to people with disabili-
sonnel. Candidates should fiduciary income tax returns, effective use of systems imple- tice; regularly evaluate and paring proposal materials for ties; exp in consultation and
have 1 year exp. in a supervi- and estate tax returns. Addi- mented on their behalf and monitor the quality and quan- lawyers; maintaining files for training on disability issues,
sory or staffing position; 1 year tional duties include estate & develop case management tity of work produced by staff; marketing and public relations and strong communication and
exp. in coding & other litiga- trust administration, including plans, budgets and schedules. assess upcoming needs and activities; updating & main- organizational skills. Preferred
tion support activities; an ad- probate filings, valuation of In addition, you will provide workflow; recruit personnel taining the marketing database, experience in postsecondary
vanced software and database assets, and preparation of di- case application specific train- through a variety of other re- along with a variety of other student services, deaf/hard of
background; excellent organi- vision schedules and book- ing with litigation teams; co- cruitment sources; and address administrative duties. hearing and/or visual impair-
zational and communication keeping. Position entails ex- ordinate and support trial pre- performance issues and con- ment services.
skills; along with a team- tensive client contact. Must be sentation systems; monitor cerns. Our ideal candidate will have
oriented flexible work style. proficient in Excel. Familiar- case work flow; interact with around two years of adminis- Review of applications will
B.A. degree and/or paralegal ity with ProSystem helpful. clients, co-counsel, opposing Our ideal candidate will have trative experience with excel- begin by July 1, 2001 and will
training helpful. Accounting background and counsel and a variety of other strong knowledge of human lent organizational, computer remain open until filled.
Paralegal Certificate preferred. employees. B.A. deg and a resources practices and em- & communication skills. In
Our ideal candidate will have We offer a professional work minimum of 5 years experi- ployment laws, excellent ver- addition, star candidate will Send letter of application, vita
excellent organizational, com- environment, educational op- ence as a litigation paralegal bal, written and communica- be people, service & action or resume, and the names, ad-
puter & communication skills. portunities, a culture empha- or related work in a legal envi- tion skills, along with the abil- -oriented. Faegre & Benson dresses, and phone numbers
In addition, we are looking for sizing work/life balance, com- ronment is required. Must have ity to work successfully under LLP offers competitive wages of 3 references to: Jane Salmi,
an individual with a strong petitive salaries & benefits (in- at least 3 years experience deadlines and to motivate oth- and an excellent benefits pack- Disability Services, McNa-
sense of urgency who is people, cluding medical, dental, profit working with legal database ers to perform. In addition, we age, including a discounted bus mara Alumni Center, Suite
service & action-oriented and sharing, and 401k). Send re- software, on-line deposition/ are looking for an individual program — Metropass. For ad- 180, 200 Oak St. SE, MPLS,
has a proactive, flexible work sume with cover letter to HR, transcript programs and other with a strong sense of urgency ditional information about MN 55455.
style. Faegre & Benson LLP Gray Plant Mooty, 3400 City litigation support tools. who is people, service & Faegre & Benson, visit our
offers a professional work en- Ctr; 33 S. 6th St., Mpls, MN action-oriented and has a pro- web site at www.faegre.com. U of M
vironment, competitive wages 55402; fax to 612-333-0066; Our ideal candidate will have active flexible work style. B.A. Please send resume and salary Equal Opportunity
and an excellent benefits pack- or e-mail to Anne Weinauer excellent organizational, com- degree preferred, 4-6 years history to Human Resources: Educator and Employer
age, including a discounted bus @gpmlaw. com puter & communication skills. experience in a high volume
program–Metropass. For ad- In addition, we are looking for staffing environment. Super- FAEGRE & BENSON LLP ACCOUNTS PAYABLE
ditional information about Equal Opportunity and individuals with a strong sense visor experience is required. 2200 Wells Fargo Center SPECIALIST
Faegre & Benson, visit our Affirmative Action of urgency who are people, 90 South Seventh Street
web site at www.faegre.com. Employer service & action-oriented and Faegre & Benson LLP offers a Minneapolis, MN 55402 American Guidance Service
Please send resume, position have a proactive, flexible work professional work environ- Fax: 612-766-1363 is a leading publisher of ed-
interest and salary history to style. Faegre & Benson LLP ment, competitive wages and Internet: HR@faegre.com ucational assessment and in-
Human Resources: offers a professional work en- an excellent benefits package, structional materials. AGS
vironment, competitive including a discounted bus Equal Opportunity Employer is seeking a professional to
TRAFFIC ENGINEER wages and an excellent ben- program--Metropass. For ad- join our finance department.
FAEGRE & BENSON LLP
2200 Wells Fargo Center efits package, including a dis- ditional information about Responsibilities consist of all
Traffic Engineer wanted to counted bus program — Faegre & Benson, visit our accounts payable functions
90 South Seventh Street
perform operational analysis Metropass. For additional in- web site at www.faegre.com. including maintenance of ven-
Minneapolis, MN 55402
and support traffic studies for formation about Faegre & Please send resume and salary dor files, invoice processing,
Fax: 612-766-1763
a wide variety of transporta- Benson, visit our web site at history to Human Resources: CIVIL ENGINEER weekly check runs, AP report-
Internet: HR@faegre.com
tion projects. Requirements www.faegre.com. Please send ing, assistance in cash man-
include a BS in Civil Engi- resume and salary history to FAEGRE & BENSON LLP SRF Consulting Group, Inc., a agement, maintenance of in-
Equal Opportunity Employer
neering with an emphasis in Human Resources: 2200 Wells Fargo Center locally owned, growing and ternal and external customer
traffic/transportation and ex- 90 South Seventh Street well-established transporta- relations, and ensuring com-
EXPLORE cellent verbal and written com- FAEGRE & BENSON LLP Minneapolis, MN 55402 tion and engineering firm, pliance with IRS 1099 pro-
EMPLOYMENT munication skills. PE and/or 2200 Wells Fargo Center Fax: 612-766-1763 seeks a Civil Engineer for pre- cess. Qualified candidates
OPPORTUNITIES project management experi- 90 South Seventh Street Internet: HR@faegre.com liminary and final design of must have a 2 year degree in
As a leading rehab & resource ence a plus.
Minneapolis, MN 55402 highway/municipal roadway accounting and 1-3 years of
center for people with disabili-
Fax: 612-766-1763 Equal Opportunity Employer projects. Requirements in- experience or equivalent,
ties we offer a variety of open- SRF Consulting Group, Inc. is
Internet: HR@faegre.com clude a BS in Civil Engineer- strong PC skills and excellent
ings in the following areas: a fast growing, locally owned, ing with 2-4 years design ex- interpersonal skills.
· Clerical and well-established civil en- Equal Opportunity Employer perience. Excellent written and
· Fundraising & Other gineering, transportation and
verbal skills a must. Centrally located just north of
Professional planning firm. In addition to the downtowns, AGS offers a
· Therapists & Aides varied and exciting work in a
DISPATCHER In addition to varied and excit- competitive salary and ben-
· Nursing/CNAs positive atmosphere, SRF of- ing work in a positive atmo- efits package. If you would
Please call our job hotline at fers competitive salary and
The Hopkins Police Department has a vacancy for a 9-1-1 sphere, SRF offers competi- like to work in a friendly,
763-520-0518 or visit our benefits, 401(k) & profit shar-
Dispatcher. Position performs 9-1-1 dispatching & other tive salary and benefits, 401(k) team-oriented environment,
website at www.Courage.org ing. If you want a career with
duties as required. Min. req.: high school grad. or equiv., &profit sharing. If you want a interested candidates may
for details on current positions strong growth potential in one
typing speed of 30 w.p.m. Desirable qual.: 9-1-1 dispatching career with strong growth forward BOTH RESUME &
available. Courage Center, of ENR’s Top 500 design
exp. Salary range: $14.41 - $19.13/hour, excellent benefits. potential in one of ENR’s SALARY REQUIREMENTS
3915 Golden Valley Road, firms, send you resume to SRF
Full job description & position requirements are available at Top 500 design firms, send to: AGS, Attn: JII, 4201
Golden Valley, MN 55422. Consulting Group, Inc., One
Hopkins Police Dept., 1010 1st St. S., Hopkins, MN 55343, your resume to SRF Con- Woodland Road, Circle
Fax 763-520-0866. Carlson Pkwy. N, #150, Ply-
952-938-8885. City application is required. Applications must sulting Group, Inc., One Pines, MN 55014, fax to 763-
mouth, MN 55447; fax to Carlson Pkwy. N., #150, 355-2078 or e-mail to jobs@
763-475-2429, or e-mail to be received by 4 pm, July 24, 2001.
Plymouth, MN 55447; fax agsnet.com. To learn more
hr@srfconsulting.com EOE. to 763-475-2429, or e-mail to about AGS look us up on the
Equal Opportunity Employer
hr@srfconsulting.com; EOE. web at www.agsnet.com.
EOE. We seek diversity.
EOE
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*
16 July 10, 2001
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FOR RENT FOR SALE Crow River Vangater wheel-
Lewis Park Apartments: Call it home! Four bedroom, chair lift for full-sized van.
Barrier free housing with 4.5 bath rambler style home, Model #7684LA. Fully auto-
wheelchair user in mind. 3300 finished square feet, has matic, excellent condition.
Section 8 su-bsidized. One- a roll-in shower, whirlpool $1500 or best offer. Call Najat
and two bedroom units. For spa at floor level, sliding glass at 651-636-4402.
more information on doors from lower level to
availability call (651) 488- back yard and an elevator 1998 Dodge Ram S1500,
9923. St. Paul, MN Equal from main floor to lower like new - UNDER 4,500
Opportunity Housing. level. Two fireplaces, formal MILES! Fully loaded (air,
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Seward Square Apartments: garage, security system and Waldoch custom conversion
We are currently accepting much, much more. This great including raised roof, TV-
applications for our waiting home sits on a 2.5-acre lot. VCR,Crow River power
list at Seward Square Apart- Horses are allowed. Call JJ wheelchair lift, power driver’s
ments in Minneapolis. Seward Jackson at 612-751-8599 or seat with hand drivingcontrols.
Square is barrier-free housing visit web at www.the990 $32,000 OBO. 612-279-5806
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For an application, please call thony Realty, Inc.
(612) 338-2680. Equal Oppor- 1993 “Vibo” Pontoon Boat
tunity Housing. 1995 Chevy 20 White con- 24FT w/2/3 Canopy Wheel-
version van, sport, short chair Widened Doors-Small
Holmes-Greenway Housing wheel base. Full power. fold down ramp on front
MISCELLANEOUS
One and two bedroom apart- LOW MILES 25 M. Full entrance. Less than 130 Hours
ments designed for physically Ricon List. Automatic. EZ use on 40 Horse Force Motor. “Words of Love” is a CD by Snoopi Botten, Gary Reyzer’s Lawn Service. Fall and
handi-capped persons. Con- locks, power lock for wheel- Elec. Start, Power Tiller, Fish a musician with cerebral palsy who writes and Spring cleanup. Mowing of yards through
venient SE Minneapolis chair, Transfer seat—6 way depth finder, Live-well Ask- performs inspirational songs using a synthetic summer. (763) 755-2613.
location. Call (612) 378-0331 power. $14,000 firm. (612) ing $4900.00. Previous speech system. To order, call (612) 872-7233
for avail-ability information. 379-2629. owner’s wheelchair users. or visit Snoopi’s website at http://
Equal Opportunity Housing. Contact: J.Schatzlein 952- hometown.aol.com/dectalk/myhomepage/
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